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Madhya Pradesh High Court · body

2014 DIGILAW 1022 (MP)

Neetu Sharma v. State of M. P.

2014-08-14

B.D.RATHI

body2014
JUDGMENT 1.Heard on the bail application. Case-diary has been perused. 2. This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. Applicant has been arrested on 01-08-2014 in connection with Crime No. 288 of 2014 registered at Police Station, Hujrat Kotwali Gwalior for the offence punishable under Section 370(1)(6)(2)/34 of IPC. 3. As per prosecution story, incident occurred on 31-07-2014 at 7-8 pm when on an information, police has made raid in a flat and accused Abhishek, Vinay, Sunil and Sonu were found in objectionable position with the prosecutrix and they were also in state of intoxication. On seeing the police party, they tried to hide the prosecutrix but police recovered her. 4. Prayer for bail was made on the ground that neither in the FIR nor in the statement of prosecutrix recorded twice; first under Section 161 and second under Section 164 of Cr.P.C. name of present applicant was not made there. No allegation has been made against the present applicant by anybody. It is further submitted that co-accused Rajat Bansal has already been enlarged on bail by this Court on 13-08-2014 in M.Cr.C. No. 7191 of 2014 and the case of present applicant is similar to him. Applicant has no criminal antecedents. 5. Final disposal of trial shall take time, hence prayed for grant of bail. Prayer for bail was opposed by learned Public Prosecutor on the ground that sufficient evidence is available against the applicant, hence she does not deserve for any bail. Looking to the facts and circumstances of the case and the fact that disposal of trial shall take time, but without commenting on the merits of the case, the present application is allowed on the ground of parity and it is directed that the applicant be released on bail on her furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for her regular appearance before the trial Court on the condition that she shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court. A copy of this order be sent for compliance to the Court concerned. Certified copy as per rules.