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Judgment
23 paragraphs · 401 wordsVivek Agarwal, J
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail on behalf of the applicant- Smt.
Mayawati W/o Rajaram, who is in custody since 19/01/2022 in connection with Crime No.405/2021 registered at Police Station Dhuma, Distt. Seoni
(M.P.) for the offences punishable under Sections 498-A, 306 r/w Section 34 of Indian Penal Code.
Learned counsel for the applicant submits that applicant is Jethani of the deceased, she is innocent, initially FIR was lodged against husband and
mother-in-law of the deceased. Later on, on the basis of statements of the relatives of the deceased, present applicant has been falsely implicated in
the matter.
It is submitted that at the time of incident, present applicant was not at home, she had left her home at about 10:00 am to give food to the working
members of the family who were cultivating their fields. There is no direct and omnibus allegations have been made against the present applicant.
Main accused are Rajkumar i.e. husband of the deceased and Nanhi Bai, mother-in-law of the deceased. Other persons have been falsely implicated.
Investigation is complete, charge-sheet has been filed, therefore, prays to enlarge the applicant on bail.
Shri Amit Mishra, learned Panel Lawyer, opposes the bail application. Taking into consideration a fact that investigation is complete, charge- sheet is
filed, this Court deems it appropriate to release the applicant on bail, therefore, without commenting anything on the merits of the case, the application
is allowed.
It is directed that applicant- Smt. Mayawati shall be released on bail on her furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with two solvent sureties in the like amount to the satisfaction of the trial Court concerned for her appearance before the said Court on all such
dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section
437(3) of the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become
ineffective.
The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona/Omicron
Virus, before and after releasing the applicant.
Certified copy today.