Bhawna Pandey vs State Of Madhya Pradesh

This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant - Smt. Bhawna Pandey W/o Amit Shrivastava is implicated in Crime No.67/2018 registered at Police Station - Tilak Nagar, District Indore for the offence punishable under Sections 328, 307/34 and 120-B of IPC and she is in custody since 21.08.2019.

Learned counsel for the applicant submits that charge-sheet has since been filed in this matter. She has pointed out that in the charge-sheet, a document of Truth Laboratory has been filed in which it has been shown that the mercury level in the nails, hairs and blood are not above toxic level and that applicant is a lady and is in jail since last three months.

This application was strongly opposed by the learned counsel for the objector who submits that the bail afforded to the applicant was earlier cancelled by this Court looking to her conduct. It is submitted that one of the co-accused in this case is absconding and she has still not been apprehended in the matter, that mobile phone in which conversation took place has also not been seized and the grounds which existed while cancellation of bail still exists as of now. It has further been pointed out that conduct on the part of the applicant has to be seen whose earlier bail was directed to be cancelled and was also asked to surrender and in the interregnum period has filed a case under Section 498-A of IPC and lastly that the report pertaining to voice recording is still not available. He has also pointed out that during the initial period, level of mercury was found to be exceedingly high and it was only because of lapse of time that there is a dissipation in the level of mercury which should not give favour to the applicant.

Learned Public Prosecutor for the State was also heard who has pointed that co-accused Amit, Abhishek etc. have squarely levelled allegation against the applicant.

The applicant was accused of administering mercury laden tablet to her father-in-law, who is the father of the complainant and she was initially granted bail by this Court. However, on finding that she was not affording cooperation to the Investigating Officer, application filed under Section 439(2) of Cr.P.C. was filed which was allowed, which was later on affirmed by the Apex Court as well. Now the situation is that charge-sheet has been filed.

Considering overall circumstances, it would be quite sometime that the case would be decided and therefore, without commenting upon the merits of the case, I allow this bail application and it is directed that the applicant - Smt. Bhawna Pandey shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one local surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court for her regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C., subject to specific stipulation that the applicant shall not in any manner try to subvert the evidence or create any adverse influence upon the witnesses and would not misuse her liberty granted to indulge in nefarious activities concerning the case.

A copy of this order be sent to the Court concerned for compliance.

M.Cr.C. No.37003/2019 is allowed and stands disposed of Certified copy as per rules.