Jyoti Sharma vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No.139/2017 registered at Police Station- Bijoli, District- Gwalior for the offence punishable under Sections 304-B, 498-A, 34 of the IPC.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. She is in custody since 01.5.2024. After completion of investigation, charge-sheet has already been filed, therefore, her custodial interrogation is not required anymore. It is further argued that it was a case of circumstantial evidence and omnibus allegations have been levelled against the applicant. Trial was held in respect of other co-accused, but except husband of deceased (son of present applicant) all other accused persons who were tried, have been acquitted. Applicant is taking care of child of deceased as well as her own child and therefore, her confinement would cast adverse shadow over the development of children. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial and she would not be a source of embarrassment and harassment to the complainant party in any manner. Under these circumstances, he prayed for grant of bail to the applicant.

On the other hand, learned counsel for the State opposed the prayer and prayed for dismissal of this bail application.

Heard learned counsel for the parties at length and perused the case diary.

Considering the arguments advanced by the learned counsel for the parties, without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on her furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

i. The applicant will comply with all the terms and conditions of the bond executed by her;

ii. The applicant will cooperate in the investigation/trial, as the case may be;

iii. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv. The applicant shall not commit an offence similar to the offence of which she is accused;

v. The applicant will not seek unnecessary adjournments during the trial;

vi. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.