Bahadur Bhil And Another vs State Of M.P

Prakash Shrivastava, J

This is an application made by the applicants (accused) under Section 439 Cr.P.C. for grant of bail during trial.

Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.

The applicants are facing trial for offence punishable under Section 420 and 120B of the IPC registered with Police Station Palsud, District Barwani,

in Crime no.219/2020.

The allegation in the matter is that the applicants conspiring with other co-accused persons had got married the applicant No.2 Sapna with the

complainant by taking money and thereafter Sapna had left the complainant.

Learned counsel for the applicants submits that there is no allegation of taking any money by the present applicants and that the money was taken by

co-accused Rakesh Patel (Ajay) and Mamta @ Sheetal. He further submits that Mamta has been granted bail by this Court by order dated

09/11/2020 passed in M.Cr.C. No.41177/2020 and the case of the applicants stands on a better footing. He further submits that the applicants have no

criminal antecedents and they are in custody since 16/09/2020 and that the investigation is complete and challan has already been filed and conclusion

of trial is likely to take time.

Learned counsel for the State has opposed the application for grant of bail.

On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for

applicants. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.

The applicants are directed to be released on bail on their furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand) each

with separate suretis in the like amount to the satisfaction of the Trial Court for their appearance as and when directed.

The applicants will attend each hearing of their trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result

in cancellation of the bail granted by this Court.

Certified copy as per rules.