Laxmi @ Kiran vs State Of M.P

Vivek Rusia, J

This is the Third application filed under section 439 Cr.P.C seeking bail in connection with Crime No.13/2021 registered at police station Boda, District

Rajgarh for the offence punishable under section 420, 120-B of I.P.C.

As per prosecution story, the complainant lodged a report against the co-accused Narmada Prasad, Salman, Beg, Salim and Pappu @ Jagdish that

they agreed to perform his marriage with Kiran in Rs.1,60,000/- as per customs prevailing in Koli community. Next day the co-accused persons came

up with applicant Laxmi. The complainant gave Rs.1,60,000/- to Salman Beg, Salim Pappu @ Jagdish. Thereafter they went to Civil Court Narsingarh

and performed the marriage and got it Notarized the deed. After the marriage she lived with him for ten days and thereafter, co-accused came

pretending him as Uncle of Kiran (Mausa) and took her to Bhopal in a car. Thereafter Kiran had refused to live with him as wife accordingly he has

been deceived by all the accused. The Police has registered an FIR against all of them.

Learned counsel for the applicant has submitted that Sections 420 and 120-B of IPC are triable by the Magistrate. No more custodial interrogation is

required. The recovery has been made. The co-accused Narmada Prasad has been granted bail by this Court vide order dated 05.04.2021 in

M.Cr.C.No.13350/2021.

Learned Panel Lawyer opposes the bail application and prays for its rejection.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to

be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with surety in the like amount to the

satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated

under section 437(3) Cr.P.C.

Before releasing the applicants from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19

infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.