Lalita vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 17/03/2020 by Police Station Bagchini,

Distt. Morena (M.P.) in connection with Crime No.49/2020 registered for offence under Sections 302, 120-B, 201, 34 of IPC and Sections 25, 27, 29,

30 of Arms Act.

It is submitted by learned counsel for the applicant- Smt. Lalita that the applicant has not committed any offence. She has falsely been implicated in

this case. Applicant is a lady and she is in custody since 17/03/2020, i.e. for around a year. It is further submitted that the applicant is having two small

kids; out of them, one is of two & half years and another is of four years. As per provisions made under Cr.P.C., the applicant who is a lady is entitled

to get bail. It is further submitted that the incident was of 08/03/2020 and FIR was registered on 09/03/2020 wherein no name of the applicant was

reflected. Thereafter, statement was recorded on 10/03/2020. It is also submitted that by pre-planned way, the name of the present applicant was

reflected. In this case, the applicant has been made accused only on the basis of memorandum given by the co-accused. There is no direct or

circumstantial evidence against the applicant. It is also submitted that till date charges have not been framed. Trial will take its own time. Learned

counsel for the applicant has relied upon the judgments passed in the cases of Bhoorelal Vs. State of M.P. [2008 (2) MPLJ (Cri.) 271] and Basanti

Bai Vs. State of M.P. [1995 (II) MPWN 59]. Applicant is ready to abide by any condition which may be imposed by this Court. Under these

circumstances, learned counsel prays for grant of bail to the applicant.

Learned State counsel as well as learned counsel for the complainant have vehemently opposed the application and have submitted that offence is

registered under Sections 302, 120-B, 201, 34 of IPC and Sections 25, 27, 29, 30 of Arms Act and the death is caused by the gun shot injury. Hence,

prayed to reject this application filed for grant of bail to the applicant..

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

The case is registered under Sections 302, 120-B, 201, 34 of IPC and Sections 25, 27, 29, 30 of Arms Act, wherein death is caused by gun shot injury.

The case is based on illicit relation with the co-accused. Therefore, considering the aforesaid facts and circumstances of the case, and looking to the

gravity of offence, at this stage, this Court is not inclined to grant bail to the applicant.

Consequently, this application filed under Section 439 of Cr.P.C. for grant of bail to the applicant stands rejected.

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