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Madhya Pradesh High Court · body

2014 DIGILAW 1367 (MP)

Tejasvani Pillay v. State of M. P.

2014-10-27

G.S.SOLANKI

body2014
JUDGMENT : This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. The applicant is in custody since 02.07.2014 in connection with Crime No.270/2014 registered at P.S. Gunga Barasia, District Bhopal for the offence punishable under Sections 302, 201, 120-B/34 of the I.P.C. 2. As per prosecution, it is alleged that this applicant alongwith other co-accused persons namely, Heeramani Sharma, Manav Sharma and Sunil were entered into a conspiracy of committing the murder of Bahadur Singh. In furtherance of aforesaid conspiracy, Heeramani Sharma, Manav Sharma and Sunil were took Bahadur Singh in a car and thereafter they committed the murder of Bahadur Singh. 3. Only allegation against this applicant is that after committing the murder of Bahadur Singh, she had taken some ornaments from his locker alongwith other co-accused persons, out of which one gold chain and a cheque said to have been seized from her possession. 4. Learned counsel for the applicant has submitted that as per prosecution itself, this applicant was not committed the murder of deceased Bahadur Singh. Co-accused persons namely, Heeramani Sharma, Manav Sharma and Sunil said to have been committed the murder of Bahadur Singh. He further submitted that there is no direct evidence against this applicant regarding murder of Bahadur Singh. In the secircumstances, the major offence under Section 302 of the I.P.C. is not made out against this applicant. Charge sheet has already been filed. There is no possibility of her absconding from the trial. The trial would take considerable time to conclude and, therefore, it is prayed that the applicant be released on bail. 5. Learned counsel for the State has opposed the application. On due consideration of the contention made by the learned counsel for the parties and over all facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on her furnishing a personal bond in a sum of Rs. 35,000/- (Rs. 35,000/- (Rs. Thirty Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial. Certified copy as per rules.