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Judgment
19 paragraphs · 319 wordsAnjuli Palo, J
This is first bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant who is in custody since 23.05.2021 in connection with
Crime No. 284/2021 registered at Police Station Nohata, District Damoh for offence punishable under Sections 302, 307 and 34 of the Indian Penal
Code.
As per the case of the prosecution, husband of the deceased-Asharani quarreled with her. At that the time the present applicant along with her
husband and son were present there. During the quarrel, husband of the deceased took her to the backside of the house and poured kerosene on her.
Son of the applicant lit the match stick and set her ablaze. It is alleged that the applicant and her husband held the hands of the deceased while
kerosene was being poured on her.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Due to Covid-19, trial will take considerable time,
hence it is prayed that applicant be released on bail.
Learned Panel Lawyer for the State has strongly opposed the bail application.
As per the dying declaration of the deceased dated 19.05.2021, nothing has been stated against the present applicant to show her involvement in the
crime except that she was present on the spot.
Considering the facts and circumstances of the case, without commenting on the merits of the case, this application is allowed. It is directed that
applicant-Harra Bai @ Suhag Rani be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one
solvent surety, in the like amount to the satisfaction of the concerned trial Court for her appearance before the trial Court on the dates so fixed by that
Court during trial.
The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.
Accordingly, the application is allowed and disposed of.
