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2020 DIGILAW 1097 (MP)

Ranjana v. State Of Madhya Pradesh

2020-10-13

NANDITA DUBEY

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JUDGMENT Nandita Dubey, J. - Heard. 2. The applicant has filed this first application under section 439 of Cr.P.C. for grant of bail. 3. The applicant has been arrested by Police Station Lodhikheda, District Chhindwara in connection with Crime No.188/2020 registered in relation to the offences punishable under Sections 306, 323, 34 of IPC. 4. The allegation against the present applicant is that he committed marpeet with the son of the deceased on 12.06.2020 on account of dispute of putting fence on the boundary ( es< ) of his agricultural field. 5. Learned counsel for the applicant submits that the altercation took place on 12.06.2020, however, report has been lodged on 08.07.2020 i.e., after a month of the incident. It is submitted that he has been falsely implicated in this case and there is contradiction between the FIR and 161 statement recorded by the police. It is further submitted that no ingredients of Section 107 of IPC has been made out which may amounts to abatement of suicide. She is in custody since 08.07.2020 and the trial would take considerable time to conclude. She is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made. 6. Learned Panel Lawyer for the respondent/State though opposes the bail application, however, fairly submits that there are contradictions between the FIR which has been filed on 08.07.2020 and 161 statement of the son of the deceased recorded by the police. 7. Considering the aforesaid, this application is allowed. It is directed that applicant Smt. Ranjana be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for her appearance on the dates given by the concerned Court. 8. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by her. 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. 8. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by her. 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench. 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. 9. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Devdatt Bhave, learned Panel Lawyer, on their respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below also. 10. Certified copy/e-copy as per rules/directions.