Priyanka vs State Of Madhya Pradesh

Dwarka Dhish Bansal, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime No. 42/2023 registered at Police Station - Deepnakheda, District- Vidisha for the offence under Sections 294, 323, 506/34 of IPC and enhanced Sections 324, 325, 302 of IPC. The applicant is in custody since 03.05.2023.

Learned counsel for the applicant submitted that applicant is innocent and has not committed any offence and has been falsely implicated in the case. He further submits that in the FIR, applicant's name was not there, subsequently other witnesses stated about the present applicant after nine days of the incident, on the basis of said statement, police added the name of the applicant. Applicant is permanent resident of District- Vidisha. Conclusion of trial is likely to take time and there is no likelihood of her absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

However, keeping in view the facts and circumstances of the case in their entirety, particularly the fact as pointed out by the learned counsel for the applicant, in the opinion of this Court, applicant deserves to be released on bail.

Consequently, this application for bail under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- with a solvent surety in the same amount to the satisfaction of the concerned trial Court for her appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.

Certified copy as per rules.