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Judgment
10 paragraphs · 506 wordsPramod Kumar Agrawal, J
This is the second bail application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail relating to Crime No.101/2025 registered at Police Station - Katarahills, District - Bhopal (M.P.) for the offence punishable under Sections 296, 115(2), 125(B), 351(3), 3(5), 118(2), 109(1), 103(1) of B.N.S. and Section 25(1)(b) & 27 of Arms Act. Applicant is in detention since 25.07.2025.
The first application of applicant was dismissed as withdrawn vide order dated 20.09.2025 passed in MCRC. No.40587/2025.
As per the prosecution story, on 10/05/2025, complainant Hariom Giri lodged a complaint against three named persons and some other unknown person and alleged that, on 9/05/2025 at about 11:00 PM when the wedding reception of his nephew Ramu Giri was going on in Laharpur village, then co-accused persons namely Nagua @ Nagendra Vishwakarma, and others came to his wedding reception program and over an old rivalry, they started abusing and assaulted the injured persons by using stones, iron rod and stick due to which they received injuries. Thereafter, injured Rajni had succumbed to death because of the head injury caused by hard and blunt object. Therefore, the offence has been registered against the present applicant and co-accused persons under the aforesaid section.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated. She in jail since 25.07.2025. The applicant is lady. In the FIR as well as first statement recorded under Section 161 of Cr.P.C., name of present applicant is not mentioned. Later on, name of applicant was added. Co-accused Aman Verma has been enlarged on bail by Coordinate Bench of this Court vide order dated 27.09.2025 passed in MCRC. No.40797/2025. There is no criminal antecedents of the applicant. The conclusion of trial will take considerable time. Therefore, it has been prayed that the applicant may be released on bail pending the trial.
On the other hand, learned counsel for the respondent/State has opposed the bail application and prayed for it's rejection.
Having taken into consideration all the facts and circumstances of the case, but without commenting on merits of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 483 of B.N.S.S. for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant be released on bail on her 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 trial Court, for her regular appearance before the trial Court during trial with a condition that she shall remain present before the concerned Court on all the dates fixed by it during trial. She shall abide by all the conditions enumerated under Section 480(3) of B.N.S.S.
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.
Certified copy as per rules.
