Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 199 (MP)

Jyoti Dudhbure v. State Of M. P.

2020-02-07

RAJEEV KUMAR DUBEY

body2020
JUDGMENT 1. This is first application filed under section 439 Cr.P.C. Applicant Jyoti Dudhbure was arrested on 14.12.2019 in Crime No. 364/2019 registered at Police Station Rampayali, District Balaghat for the offence punishable under Sections 302 of IPC. 2. As per the prosecution story, on 27.11.2019 applicant gave birth to a child. It is alleged that on 30.11.2019 applicant threw the child in a well located in front of her house situated at village Beni. On 04.12.2019 the dead body of the child was found from the said well. Thus, applicant murdered the child. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. There is no direct evidence on record to show that applicant threw that child in the well. Charge-sheet has been filed. The applicant is a lady and she is in custody since 14.12.2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail. 4. Learned counsel for the respondent/State opposed the prayer. 5. Looking to the facts and circumstances of the case and the contention of learned counsel for the applicant and the fact that there is no direct evidence on record to show that applicant threw that child in the well and the applicant is in custody since 14.12.2019, charge sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon her furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for her appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. 6. 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 trial; 3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant will cooperate in the trial; 3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which she is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without prior permission of the trial Court. C.C. on payment of usual charges.