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Judgment
11 paragraphs · 367 wordsDeepak Kumar Agarwal, J
This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. First bail application was dismissed as withdrawn vide order dated 24.03.2022 passed in M.Cr.C.No. 14941/2022.
T he applicant was arrested on 09.03.2022 in connection with Crime No.128/22 by Police Station Thatipur, District Gwalior(MP) for the offence punishable under Sections 306/34 of IPC.
In brief case of the prosecution is that on 28.01.2022 ward boy of J.A.Hospital, Gwalior gave an information at Police Station Thatipur that deceased Narendra who was brought by Deepak by hospital. On examination, he was found dead. On his information marg No.1/22 under Section 174 of Cr.P.C. was recorded. Dead body panchnama was prepared. Postmortem was conducted. Marg was enquired. After marg enquiry, it emerges out that Narendra swallowed poisonous substance because one Basin used to talk on phone with his wife present applicant/accused Neeru who used to object and quarrel always taken place. After marg report, offence under Sections 306/34 of IPC was registered against the present applicant/accused. Applicant/accused was arrested on 8.03.2022. After investigation, charge-sheet has been filed.
It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. She is in custody since 08.03.2022. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection.
Heard learned counsel for the rival parties at length and perused the record.
Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, she should be released on bail. She will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.