Kunta Bai vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is second bail application under Section 439 of Cr.P.C for grant of regular bail in connection with FIR No.71/2022 dated (not mentioned) registered at P.S - Banganga, Indore for the offences punishable under sections 420, 467, 468, 471 and 120-B of IPC.

The earlier bail application was dismissed as withdrawn with liberty to renew the application after recording of the statement of the complainant.

Counsel for the applicant submits that complainant Jayesh Pratap Singh, Incharge Tahsildar has been examined. As per prosecution case it is alleged that applicant who was ex-Sarpanch had issued a Patta in respect of Government land in favour of one Anita. Counsel submits that statement of Anita has been recorded. She has turned hostile and has not supported the prosecution case. Complainant Jayesh Pratap Singh, Incharge Tahsildar has supported the case but his complaint was based on the statement of Anita and Anita has turned hostile. The applicant is a lady and is in jail since 12.07.2022. Investigation has been completed, charge-sheet has been filed and no further custodial interrogation is required. In these circumstances, the applicant be released on bail.

Counsel for the State opposes the prayer for grant of bail.

Taking into consideration aforesaid facts and circumstances of the case, however without adverting to the merits of the case, I am of the view that the applicant is entitled for grant of bail.

It is directed that applicant Kunta Bai shall be released from custody on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

With the aforesaid, the application is allowed and disposed off.