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Madhya Pradesh High Court · body

2014 DIGILAW 901 (MP)

Shashibai v. State of M. P.

2014-07-28

SUBHASH KAKADE

body2014
JUDGMENT 1. At the outset, learned counsel for the applicant prays for permission to withdraw the bail application on behalf of applicant No. 2 Kallu @ Chetram Nanda. Hence, the bail application of applicant No. 2 Kallu @ Chetram Nanda is hereby dismissed as withdrawn. Heard finally. Case diary is perused. 2. This is the first bail application on behalf of the applicant No. 1 Smt. Shashibai under Section 439 of Cr.P.C. The applicant is in custody since 01/5/2014 in connection with Crime No.175/2014 registered at Police Station Mandla District Mandla (M.P.) for the offence punishable under Sections 302, 201/34 read with Section 34 of IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted that the applicant is a lady aged about 36 years and the deceased was trying to outrage her modesty. The applicant is in custody and conclusion of trial would take considerable time. On the aforesaid grounds, it is prayed that the applicant be released on bail.M.Cr.C.No. 10699 of 2014 Learned Panel Lawyer for the State vehemently opposed the application. 4. Considering the totality of the facts and circumstances of the case coupled with the material available on record, without commenting upon the merits of the case, the application under Section 439 of Cr.P.C. on behalf of applicant No.1 Smt. Shashibai deserves to be and is hereby allowed. 5. It is directed that applicant No. 1 Smt. Shashibai be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/ - (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the committal Court/trial Court securing his presence before the trial Court on all the dates of hearing fixed in this regard during trial. Certified copy as per rules.