IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 4 OF JULY, 2023 MISC. CRIMINAL CASE No. 27917 of 2023 BETWEEN:-

BANTI S/O SHRI SONERAM JATAV, AGED ABOUT 32 YEARS, R/O VILLAGE JARAH POLICE STATION SARAYCHOLA TEHSIL AND DISTRICT MORENA (MADHYA PRADESH)

.....APPLICANT (BY SHRI RAJMANI BANSAL - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION SARAYCHOLA, DISTRICT MORENA (MADHYA PRADESH)

.....RESPONDENT ( BY SHRI RAJENDRA SINGH YADAV - PUBLIC PROSECUTOR)

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

ORDER

The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail.

T he applicant has been arrested on 3/08/2022 by Police Station Saraychola, District Morena (M.P.) in connection with Crime No. 151/2022 registered for the offence punishable under Section 302/34 of the I.P.C.

The allegation leveled against the applicant is that the applicant along with co-accused persons committed murder of deceased Rajni.

Learned counsel for the applicant argued that applicant is innocent and Signature Not Verified has been falsely implicated. The entire prosecution story is suspecious because the incident occured on 10.7.2022; however, for the first time, the statements of eye-witnesses Abhay Singh and Rajkumar were recorded on 31.8.2022 after a delay of one month. The further argument is that after conclusion of investigation, charge sheet has since been filed and further custodial interrogation of the applicant may not be required any more. The trial is going on. Rajkumar (PW-3) has been examined before the trial Court. He has not supported the prosecution case and turned hostile. Abhay (PW-5) has been examined. He has made omnibus allegation against the applicant and was also partly turned hostile. It is further argued that on the same set of facts Co- ordinate Bench of this Court has already granted bail to co-accused person Ravi vide order dated 1.6.2023 passed in M.Cr.C. No.22661/2023. Thereater, co-accused Ashok has also been given the benefit of bail on parity basis vide order dated 14.6.2023 passed in M.Cr.C. No.6303/2023 and the case of present applicant is similar to co-accused persons. It is further argued that the applicant is in custody since 03/08/2022. The applicant is permanent resident of District Morena (M.P.). Conclusion of trial is likely to take time and there is no likelihood of her absconsion, if released on bail. Hence, he prays for grant of bail to the applicant.

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

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

Looking to the aforesaid facts and circumstances of the case, without commenting on 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 Signature Not Verified if applicant furnishes a cash surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the trial Court, he should be released on bail.

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

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

Application stands allowed and disposed of Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(SUNITA YADAV)

JUDGE Ahmad Signature Not Verified