Arti Gupta Sahu vs State of Madhya Pradesh

This is the first bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail in connection with Crime No.454/2022 registered at Police Station Sohagpur, District Narmadapuram (M.P.) for the offences punishable under Sections 420, 467, 468, 471, 34 of the IPC, Section 8 of the Registration Adhiniyam and Section 24 of the M.P. Ayurvedik Adhiniyam.

Learned counsel appearing for the applicant submitted that the applicant is innocent and has falsely been implicated in the alleged offence. It is further submitted that the husband of applicant namely Neeraj Gupta, who has also been made an accused in this crime, has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 27/05/2024 passed in M.Cr.C.No.20365/2024. It is submitted that the case of the applicant is similar to co-accused Neeraj Gupta, so on the ground of parity also the applicant is entitled for grant of bail. It is further submitted that the applicant is a lady, who is in custody since 16/12/2023. The charge-sheet has been filed and conclusion of trial will take time. Hence, it is prayed that the application be allowed and applicant be released on bail.

Learned Government Advocate appearing for the State opposed the application for grant of bail. However, he has not controverted the factum of parity with co-accused Neeraj Gupta as claimed by the learned counsel for the applicant.

Considering the overall facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the applicant is a lady and she is in custody since 16/12/2023, without commenting on the merits of the case, bail application filed by the applicant is allowed and it is directed that the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for her regular appearance before the trial Court on all such dates as may be fixed in this regard during pendency of trial.

The applicant shall also abide by the conditions of Section 437 (3) of Cr. P. C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

C.C. as per rules.