Neelu Yadav And Others vs State Of M.P

Rajendra Kumar Verma, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.

The applicants are in custody since 8.6.2021 in connection with Crime No.348/2021 registered at P.S. Gwarighat District Jabalpur for the offences

punishable under Sections 327, 294 and 506/34 of the I.P.C.

As per prosecution case, the allegation leveled against the applicants is that applicants demanded money for liquor from the complainant, on his

refusal, they assaulted him.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is alleged that on the date of incident the lock

down was in operation in the city of Jabalpur. All the offences are triable by the learned Judicial Magistrate First Class. The applicants are permanent

resident of the District Jabalpur and there is no likelihood o f absconding or tampering with the prosecution evidence by the applicants. Applicants are

in custody since 08.06.2021. The trial would take considerable time to conclude therefore, she may be released on bail.

Learned Panel Lawyer for the respondent on the other hand has opposed the application.

However, keeping in view the facts and circumstances of the case in their entirety particularly the facts as pointed out by learned counsel for the

applicants, in the opinion of this Court, the applicants deserve to be released on bail.

Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of the applicants is allowed.

It is directed that applicants Neelu Yadav and Aman Yadav shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one slovent surety each in the like amount to the satisfaction of the trial Court concerned for their 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 applicants shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Applicants are directed to appear before the concerned police station on every Sunday between 11-00 am to 2:00 pm till filing of the charge sheet.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the applicant.

With the aforesaid, the M.Cr.C. stands allowed and disposed of.