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Judgment
10 paragraphs · 359 wordsGurpal Singh Ahluwalia, J
Case diary is available.
This sixth application under Section 439 of Cr.P.C has been filed for grant of bail. The fifth application was dismissed by order dated 21.06.2021 passed in M.Cr.C. No.28484/2021.
The applicant has been arrested on 28.08.2018 in connection with Crime No.285/2017 registered at Police Station - Ron, District Bhind, for offence under Sections 307, 34, 302, 109 of IPC.
It is submitted by the Counsel for the applicant that although the previous bail application of applicant has been dismissed on merits as repeated attempts were made by Counsel for applicant to mislead the Court but the applicant is in jail since 28.08.2018 i.e. approximately three years and nine months. As per the dying declaration of the deceased, her husband had set her on fire after pouring diesel. The only allegation against the applicant is that she was also exhorting her son. It is true that the co-accused Meena against whom the allegations are similar was granted bail on the ground that she was in jail along-with her infant baby but the applicant is also in jail for a considerable long time. The trial is likely to take sufficiently long time and there is no possibility of her absconding or tampering with prosecution case.
Per contra, the application is vehemently opposed by the Counsel for the respondent/State.
Considering the period of detention, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.