JUDGMENT 1. This is first application filed under Section 439 of Cr.P.C for grant o f bail to the applicants, as they have been arrested on 12.05.2022 in connection with Crime No. 119/2022, registered at Police Station Rajod, Dist. Dhar (M.P.) for commission of offence punishable under Section 294, 323, 506, 34, 316 of IPC. 2. Prosecution story, in brief, is that on 09.04.2022 at about 12 noon, applicants knowing the fact that prosecutrix, who is daughter-in-law of applicant No.1 and wife of applicant No.2, was pregnant, abused and assaulted her with wooden stick and caused death of her quick unborn child. They also threatened the prosecutrix. 3. Learned counsel for the applicants referring the judgment passed by Jammu & Kashmir High Court in Suresh Chander & Anr. vs. State, 1994 CRI.L.J. 170* submits that as the prosecutrix was pregnant for about 3 months and woman did not state about the sensations which were likely to be felt in case of a quick unborn child and, therefore, offence under Section 316 of IPC is not made out in the matter. Rest of the offences are bailable in nature. 4. Case was initially registered under Section 294, 323 & 506 of IPC. Applicants are in custody since 12.05.2022. Their custodial interrogation or trial is not required in the matter. In the aforesaid circumstances, applicants are entitled for grant of bail. 5. Learned Govt. Advocate for the respondent/State opposed the application.6. 7. Having considered the rival submissions specially with regard to the offence punishable under Section 316 of IPC, material produced on record, MLC report of the prosecutrix and also considering the fact that except the offence punishable under Section 316 of IPC, rest of the offences alleged against the applicants are bailable in nature, this Court is of the considered view that the applicants deserve to be enlarged on bail, hence without commenting anything on the merits of the case, this application is allowed. 8. It is directed that the applicants are directed to be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with separate solvent surety in the like amount to the satisfaction of the concerned Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of the trial.
It is further directed that applicants shall comply with the provisions of Section 437(3) Cr.P.C. 9. I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicants. 10 .This M.Cr.C. stands allowed and disposed of.CC as per rules.