Rajni Gour vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

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

Applicant Rajni Gour was arrested on 15/6/2021 in Crime No.370/2021 registered at Police Station Kotwali, District Hoshangabad (M.P.) for the

offence punishable under Sections 294, 323, 506, 452, 307, 34 of the IPC.

As per prosecution case, on 7/6/2021 at around 07:30 pm, co-accused Lakhanlal Gour and two other persons were consuming ganja near

injured/complainant Ravi Sharma's house situated at Gour Colony, Malakhedi Road, District Hoshangabad. When complainant/injured Ravi Sharma

objected, co-accused Lakhanlal Gour abused him and assaulted him. At that time, co-accused Varun Gour (son of co-accused Lakhanlal Gour) armed

with stick came there and assaulted complainant/injured Ravi Sharma with stick. At that time, applicant Rajni Gour, wife of co-accused Lakhanlal

Gour also came there and she pulled the hair of complainant/injured Ravi Sharma.

In the incident complainant Ravi Sharma sustained grievous injury.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence.

It is further submitted that the applicant is a lady and there is no allegation against the applicant that she assaulted the injured by any weapon. She has

been in custody since 15/6/2021 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that the applicant is a lady, she has no criminal past, she is in custody since 15/6/2021

and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be

released on bail upon her furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the

satisfaction of the concerned Court for her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during

the pendency of trial.

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This order will remain operative subject to compliance of the following conditions by the applicant :

The applicant will comply with all the terms and conditions of the bond executed by her;

The applicant will cooperate in the trial;

The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade her from disclosing such facts to the Court or to the Police Officer;

The applicant shall not commit an offence similar to the offence of which she is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

Certified copy as per rules.