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Judgment
19 paragraphs · 356 wordsB. K. Shrivastava, j
Heard on application filed on 13.1.2021 under section 439 of CrPC on behalf of applicant Radharani, who was arrested on 25.11.2020 in connection
with Crime No.532/2020, registered at Police Station, Batiyagarh, District Damoh under sections 302, 323, 324, 294 and 506-II/34 of IPC.
It appears from the first information report and the order impugned dated 7.1.2021 passed by the First Additional Sessions Judge, Hata, District
Damoh that Gowardhan assaulted to complainant Keshav Vishwakarama by the help of axe and caused injury upon his forehead and co-accused
Dayal attacked by the Lathi upon the father of complainant and caused grievous hurts in the chest and ribs etc. The present applicant Radharani
assaulted to Tulsi by the help of sickle and caused the injury upon the head. It is clearly stated that the present applicant caused the injury only to
Tulsi. It is mentioned in the FIR that she caused injury by the help of sickle. As per the medical report of Tulsi lacerated wound has been found upon
the right parietal region in the shape of 2 X 5 X 1.5 cm muscles deep. Dr.Shravan Patel gave the opinion that the aforesaid injury may be caused by
hard and blunt object.
It is true that in this incident, murder of father of the complainant has been committed and the grievous injuries were also caused to the complainant.
But the present applicant did not cause any grievous injury to father or the complainant. She only caused the simply injury to Tulsi. As per doctor's
opinion, the injury may be caused by hard and blunt object.
Therefore, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail upon her
furnishing a bail bond worth Rs. 50,000/- (Rupees Fifty Thousand only) and a personal bond of the same amount to the satisfaction of the trial Court.
At the time of releasing the applicant from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the
concerned authorities.
Accordingly, this M.Cr.C stands allowed.
Certified copy as per rules.