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Judgment
19 paragraphs · 361 wordsAnjuli Palo, J
This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant who has been arrested in connection with Crime
No.157/2021 registered at Police Station-City Kotwali, Harda District- Harda for commission of offence under Section 302 read with Section 34 of
the Indian Penal Code. The applicant is in custody since 12.04.2021.
As per the prosecution case at about 09:30 pm on 31.03.2021 a small dispute arose among Kalibai, Rajkumaribai, Teena (since deceased) and her
mother Maltibai regarding illegal electricity connection. At that time Hariram came there and poured kerosene oil on Teena, ablazed and locked her in
a room as a result of which she died after availing treatment at various hospitals on 03.04.2021.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The applicant is aged about 70 years. It is also
contended that as per the prosecution case itself, no offence is made out against the present applicant. The main accused is Hariram who poured
kerosene oil on Teena and set her ablaze. It is further submitted by the counsel for the applicant that co-accused persons Rajkumari @ Rajubai and
Pinkey have already been enlarged on bail by this Court vide order dated 09.08.2021 passed in M.Cr.C.No.36063/2021. In view of the aforesaid, on
the ground of parity, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Panel Lawyer for the State has strongly opposed the bail application.
In view of the above, considering the facts and circumstances of the case and role attributed to the applicant, without commenting on the merits of
the case, this application is allowedd
It is directed that applicant Kala Bai Bhave be released on bail on her furnishing a personal bond each 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 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.