JUDGMENT 1.Case diary is available. After investigation, charge-sheet has already been filed on 06.07.2014. 2. This is first bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with crime no. 38 of 2014, Police Station Godan, District Datia offence registered under Section 302 read with Section 34 of IPC. 3. Learned counsel for the applicant/accused submits that the applicant/accused, being wife of deceased Padeep, has been falsely implicated in this case after two months from the death of the deceased who was found having consumed sulfas in the field of Kalyan Singh on 01.04.2014 wherefrom he was taken to Sahara Hospital there he died on 03.04.2014. During investigation, story of oral dying declaration in the statements of the deceased's father Atar Singh, mother Ramsiya, uncle Sijan Singh, elder brother Awadesh, neighbor Kaptan Singh and Jashwant was introduced that the applicant as well as his brother Akash and father Shrilal had administered sulfas to the deceased forcibly when the deceased had gone to fetch his wife from the inlaw's house. On the aforesaid grounds, learned counsel for the applicant/accused has prayed for grant of bail. 4. Learned PP opposing the submissions made on behalf of the applicant/accused has prayed for rejection of the bail application as offence is heinous registered under Section 302/34 of IPC. 5. On perusal of the case diary, it is evident that the deceased Pradeep had gone to his inlaw's house Bhitari on 01.04.2014 to fetch his wife the applicant Smt. Mamta who had been living there 46 months before the alleged incident. The deceased was found in the field of Kalyan Singh having consumed sulfas pills thereafter he was taken to Sahara Hospital and he died on 03.04.2014. No dying declaration of the deceased was recorded in the said hospital. Story about oral dying declaration of the deceased has come on record. during investigation on 05.06.2014 from the statements of the father, mother, brother and neighbours of the deceased. On the basis of the said statements the FIR was registered on 05.06.2014 after two months of the alleged incident. Thereafter the applicant/accused has been implicated in this case. 6.
Story about oral dying declaration of the deceased has come on record. during investigation on 05.06.2014 from the statements of the father, mother, brother and neighbours of the deceased. On the basis of the said statements the FIR was registered on 05.06.2014 after two months of the alleged incident. Thereafter the applicant/accused has been implicated in this case. 6. Considering the aforesaid facts and circumstances of the case, the application is allowed and it is ordered that applicant be released on bail on her furnishing a personal bond for the sum of Rs.25,000/ (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court on the condition that she shall remain present before the court concerned during trial. A copy of this order be sent to the court concerned for compliance. Certified copy as per rules.