IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 15 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 38952 of 2023 BETWEEN:-

RADHA @ RADHIKA BHADORIA D/O SHRI JAIVEER SINGH TOMAR, AGED ABOUT 20 YEARS, R/O VILLAGE DHURRA TEHSIL PORSA DISTRICT MORENA (MADHYA PRADESH)

.....APPLICANT (BY MR. RAHUL BANSAL - ADVOCATE)

AND THE STATE OF MADHYA PRADESH TRHOUGH POLICE STATION GOHAD CHAURAHA DISTRICT BHIND (MADHYA PRADESH)

.....RESPONDENTS (BY MR. RAJENDRA SINGH YADAV - PUBLIC PROSECUTOR)

This application coming on for Admission this day, the court passed the following:

ORDER

In compliance of order dated 26.10.2023, report dated 15.03.2023 has been received from Office of Superintendent of Police, Bhind.

This is the second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 36 of 2023 registered at Police Station Gohad Chauraha, District Bhind (M.P.) for the offence under Sections

365, 302, 120-B and 201 of IPC and Section 11/13 of M.P.D.V.P.K. Act. Her first application was dismissed as withdrawn vide order dated 26.07.2023 passed in M.Cr.C. No. 32520 of 2023.

Signature Not Verified Allegation against the present applicant is that she conspired with co-

accused - Anurag with whom she was having extra marital relationship for murder of her husband -Karan @ Monu Bhadoriya and sent the information through snap chat and voice call about the location of her husband thereafter, Anurag and other co-accused persons committed murder of her husband.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. As per the aforesaid report in the mobile seized from the present applicant snap chat app was found, however, chats were deleted. As per the allegation applicant-accused sent massage to co-accused Anurag using snap chat app on 08.02.2023, however, as per aforesaid report, snap chat app was not found to be used on the mobile of co-accused- Anurag, therefore, the prosecution story that applicant sent any massage to co-accused-Anurag using Snap chat app about her husband becomes suspicious. Further submission is that even there is no CDR or voice call record to show that applicant-accused called co-accused - Anurag and informed him about the travel program of her husband. Present applicant was arrested as an accused only on the basis of suspicion having no evidence against her. The applicant is in custody since 15/02/2023. Investigation stands completed by filing of the charge sheet and further custodial interrogation of the applicant may not be required. The applicant is permanent resident of District Morena. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.

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

Signature Not Verified Considering the 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. 1,00,000/- (Rupees One Lac) with one solvent sureties in the like amount to the satisfaction of the trial Court.

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

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

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

3 ) The applicant will not indulge himself 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 will not commit any other offence or will no