The court has the discretion to grant bail based on the circumstances of the case and may impose conditions to ensure the presence of the applicant during trial.

JUDGMENT

Deepak Kumar Agarwal, J. - This is First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

2. Applicant has been arrested on 10/11/2022 by Police Station- Gohad, District- Bhind (M.P.) in connection with Crime No.269/2022 for the offence punishable under Sections 302, 394, 395, 396, 412, 414, 120-B of the I.P.C., Section 11/13 of the M.P.D.V.P.K. Act and Section 25/27 of the Arms Act.

3. Prosecution story, in short, is that on 14.8.2022 at 11:50 P.M. Complainant Ram Kumar lodged Dehati Nalisi in Police Station Gohad, District Bhind that in the afternoon 4:30 pm along with his daughter Rinky was present in the house. At that time, three unknown persons aged between about 40-45 years having mask on their face came in the house and inquired one person, Lucky is accomplish was caught hold to him. Allegation levelled against co-accused Lucky regarding Arms and demanded key. He denied that they forced him to open almirah and locker. They collected silver, gold ornaments and cash in a bag and were started coming out from the house and at that time, his daughter Rinky objected thereafter all three persons are caught hold him and the cloth entered in the mouth of his daughter, one put country-made pistol on her chest and threatened her dire consequenses. After closing them in the house and they fled away with ornaments. After two hours, Munna Lal came there and opened the door of the said house. They were brought to the hospital and where Rinky was declared died. On the basis of information, under Sections 302, 394, 395, 396, 412, 414, 120-B of the I.P.C., Section 11/13 of the M.P.D.V.P.K. Act and Section 25/27 of the Arms Act was registered the offence on basis of dehati Nalishi bearing Crime No.269/2022 Police Station-Gohad, District- Bhind. Dead body of the deceased of punchnama was prepared and postmortem was conducted.

4. It is submitted by learned counsel for the applicant that the applicant is an innocent and she has falsely been implicated in the offence. As per postmortem, she died due to exphasiya. Statements were recorded. During investigation, accused Yogesh was apprehended. He has stated that one gold chain and ring was given to one Rashmi. Accused Rashmi was apprehended. Thereafter, seized articles were recovered from the possession of applicant Rasmi. She is in custody since 10/11/2022. After investigation, charge sheet has been filed. Conclusion of trial will take time. On such premise, learned counsel for the applicant prays for grant of bail of the applicant.

5. Learned counsel for the State vehemently opposed the application and prayed for its rejection.

6. 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 a cash security of Rs.25,000/- along with a personal 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, he should be released on bail.

7. She will present during trial before the trial Court on each and every date.

8. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.

9. Application stands allowed and disposed of.

Certified copy as per rules.