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Madhya Pradesh High Court · body

2016 DIGILAW 65 (MP)

Babli @ Rubina v. State of M. P.

2016-01-29

ALOK VERMA

body2016
ORDER 1. This is first bail application filed by the applicant under section 439 of the Code of Criminal Procedure for grant of bail. 2. The present applicant was arrested by the Police Station Bercha, District Shajapur in Crime No.164/2015 under sections 304B/34 of IPC. 3. According to the prosecution story, on 24.10.2015 the deceased Heena w/o co-accused Ansar Khan committed suicide by hanging herself. A merg was registered and during the merge inquiry, it was found that the present applicant along with co-accused used to harass and commit cruelty on the deceased immediately prior to her death and driven by such cruelty, she committed suicide. 4. Arguments heard, perused the case diary. 5. Learned counsel for the State opposes the bail application on the ground that bail application of other co-accused persons Azad Khan, Shahjad Khan, husband of the present applicant and Md. Ashique Khan, younger brother of the husband of the deceased was rejected by this Court and the case of the present applicant is also similar to that of accused persons whose bail application was rejected by this Court earlier. 6. Learned counsel for the applicant, however, submits that the present applicant is not living with the deceased. She is living away from her house. The whole family is in custody. The present applicant has a minor children to take care of and therefore, he prays that her bail may be considered because she is a woman. He further submits that charge-sheet has been filed and investigation is over. 7. Taking into consideration all the facts and circumstances of the case and without commenting merit of the case, I am of the view that it is a fit case for grant of bail. The application filed under section 439 of the CrPC is allowed. 8. It is directed that the applicant shall be released on bail on her furnishing a personal bond of Rs.50,000/- (Rs. Fifty thousand only) and a solvent surety of the like amount to the satisfaction of the concerned Magistrate for her appearance on all the dates of hearing as may be directed in this regard during trial. 9. She is further directed that on being so released on bail, she would comply with the conditions enumerated under section 437(3) CrPC meticulously.