Madhya Pradesh High Court
MCRC/52195/2018 of SMT. GAINDA BAI Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH M.Cr.C. No. 52195/2018 (Smt. Gaindabai & anr. Vs. The
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M.Cr.C. No. 52195/2018
(Smt. Gaindabai & anr. Vs. The State of M.P.)
Jabalpur, Dated: 31.12.2018
Shri Ashish Kumar Kurmi, learned counsel for the applicants.
Shri Rohit Jain, learned Govt. Advocate for therespondent/State.
Heard on this first bail application under Section 439 of Cr.P.C.filed on behalf of the applicants in connection with CrimeNo.535/2018 registered by Police Station Gadakota, District Sagar foroffences punishable under Sections 498-A and 306/34 of the IndianPenal Code.
As per the prosecution case, deceased namely Kranti hadcommitted suicide due to harassment of applicants and other co-accused persons on account of some property dispute. Applicants areher close relatives. Marriage of the deceased was solemnized beforeten years of the incident.
Learned counsel for the applicants has submitted that theapplicants are innocent and have falsely been implicated in the presentcase. The applicants are in judicial custody since 06.12.2018,therefore, it is requested that the applicants may be enlarged on bail.
Learned Govt. Advocate for the respondent/State, on the otherhand, has vehemently opposed the bail application.
Under the facts and circumstances of the case, looking to thefact that the applicants who are in jail since 06.12.2018, I am inclinedto allow the instant application and direct that the applicants beenlarged on bail upon their furnishing personal bond in the sum ofRs.30,000/- (Rupees Thirty Thousand Only) with onesolvent suretyeach in the like amount to the satisfaction of the Trial Court, theapplicantsshall be released on bail with a direction to appear in thetrial court on the date of the trial.
The applicants shall abide by the following conditions of 437(3) of Cr.P.C. as under:- THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 52195/2018
(Smt. Gaindabai & anr. Vs. The State of M.P.)
(a) that such persons shall attend in accordance withthe conditions of the bond executed under this Chapter, (b) that such persons shall not commit any offencesimilar to the offence of which they are accused, orsuspected, of the commission of which they aresuspected, and
(c) that such persons shall not directly or indirectlymake any inducement, threat or promise to any personacquainted with the facts of the case as to dissuade himfrom disclosing such facts to the Court or to any policeofficer or tamper with the evidence.
Accordingly, this M.Cr.C. stands allowed and disposed of.
Certified copy as per rules.
pnm
(Smt. Anjuli Palo)Vacation Judge
Digitally signed by POONAM LONDHE
Date: 2019.01.02 21:25:55 -08'00'