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2023 DIGILAW 322 (MP)

Meera Shakya v. State of Madhya Pradesh

2023-03-01

DEEPAK KUMAR AGARWAL

body2023
JUDGMENT Deepak Kumar Agarwal, J. - Learned counsel for the rival parties are heard. 2. This is the fifth application u/S.439 Cr.P.C filed by the applicant for grant of bail. Last bail application was dismissed as withdrawn vide order dated 12.08.2021 with liberty to repeat after recording of statements. Thereafter, six witnesses have been recorded and, in changed circumstances, this bail application is filed. 3. The applicant was arrested on 20.07.2020 by Police Station- Nayagaon, District - Bhind(M.P.) in connection with Crime No.74/2020 for the offence punishable under Section 306 of IPC. 4. In brief, prosecution case is that present applicant-accused is the mother-in-law of deceased- Parvati. Sandeep (husband of deceased) and Parvati solemnized their marriage on 20.04.2018. Present applicant-accused beaten her for some family dispute, due to which deceased Parvati committed suicide by igniting herself with kerosene. Present applicant-accused alleged that she used to quarrel with her. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. She is in custody since 20.07.2020 and she is permanent resident of District - Bhind (M.P.). There is no likelihood of her absconsion or tampering with the prosecution evidence. 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 out. 6. Per contra, learned counsel for the State vehemently opposed the application and prayed for its rejection. 7. Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a cash security of Rs.25,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail. 8. She will present during trial before the trial Court on each and every date. 9. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving him any notice. 10. Application stands allowed and disposed of. 11. Copy of this order be sent to the trial Court concerned for compliance. 12. Certified copy as per rules/direction.