Kirti D/O Kishorilal Rathod vs State Of M.P

Vandana Kasrekar, J

This is the second application under Section 439 Cr.P.C, for grant of bail in connection with Crime No.530/2020, registered at Police Station- Kishanganj, District- Indore for commission of offence punishable under Sections 399, 402 of the I.P.C. and under Sections 25 & 27 of the Arms Act. The applicant is in jail since 02.8.2020. Earlier bail application was dismissed as withdrawn with liberty to renew the prayer after a period of two months vide order dated 9.10.2020 passed in M.Cr.C.No.36781/2020.

As per case diary, the applicant has committed crime punishable under the aforementioned offence, therefore, the police registered a criminal case against the applicant and arrested him.

Learned counsel for the applicant submits that, the applicant is innocent; she has not committed any crime and has been falsely implicated in the matter. He also submits that, there is no legal and admissible evidence against the applicant to connect her with the alleged crime. The investigation is over and challan has been filed. Conclusion of the trial will take considerable time. Therefore, he prays for grant of bail to the applicant.

Learned Panel Lawyer appearing for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

On due consideration of the totality of the facts, circumstances of the case and material evidence available in the case diary, without expressing any opinion on the merits of the case, I allow this bail application and it is directed that the applicant be released on bail upon her furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the concerned JMFC/CJM for his appearance before him or trial Court, as the case may be on each and every date of hearing fixed in this behalf by the Court concerned during trial and, if during trial she found absent without any sufficient cause by the trial Court then the bail order passed by this Court shall automatically come to an end.

This order shall be effective till the end of the trial.

However, in case of bail jump, it shall become ineffective.

Certified copy as per rules.