Grant of bail based on changed circumstances and parity with co-accused, without expressing opinion on merits of the case.

JUDGMENT

Sunita Yadav, J. - The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail.

2. The applicant has been arrested by Police Station Tendua, District Shivpuri in connection with Crime No. 68/2022 for the offence punishable under Sections 302, 304(b), 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act.

3. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. It is submitted that her first bail application was dismissed as withdrawn vide order dated 04.01.2023 in M.Cr.C. No. 61548 of 2022 and thereafter, co-accused-Geeta Bai has been granted the benefit of regular bail by the Coordinate Bench of this Court vide order dated 19.01.2023 in M.Cr.C. No.61557 of 2022. Under the changed circumstances, present bail application has been filed by the applicant as the case of the present applicant is in parity with the co-accused, therefore, she should be granted bail.

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

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

6. Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

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

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

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

8. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

9. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.