IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA ON THE 3^rd OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 42025 of 2022 BETWEEN:-

1. ROSHAN BI W/O KALIM MANSOORI, AGED ABOUT 24 YEARS, OCCUPATION: HOUSEWIFE CHHOTI KASRAWAD TEHSIL KASRAWAD DISTRICT KHARGONE (MADHYA PRADESH)

2. RUKAIYYA BI W/O TASLEEM MANSOORI, AGED ABOUT 19 YEARS, OCCUPATION: HOUSE WIFE ANJAD TEHSIL ANJAD DISTRICT BARWANI (MADHYA PRADESH)

.....APPLICANTS (BY SHRI VIVEK SINGH, ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KASRAWAD DISTRICT KHARGONE (MADHYA PRADESH)

.....RESPONDENTS (BY MS. BHARTI LAKKAD, GOVT. ADVOCATE)

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

ORDER

01. Learned counsel for the applicants prays for withdrawal of this application in respect of applicant No.1.

The prayer is allowed and the application is dismissed as withdrawn in respect of applicant No.1 Roshan Bi.

Signature Not Verified

02. This is the first application under Section 439 of Criminal Procedure Signed by: JYOTI CHOURASIA Code, 1973. The applicant No.2 Rukaiyya Bi is implicated in connection with Crime No.243/2022 registered at Police Station Kasrawad, District Khargone (MP) for offence punishable under Sections 294, 302, 34 of the IPC. The applicant is in custody since 09.05.2022.

03. As per the prosecution, on 08.05.2022 at about 7:45 pm complainant Shabnam Mansoori was in her house along with her husband Ikbal. At that time applicant No.2 entered their house raising grievance as regards her marriage. She abused the complainant and her husband and took out chilly powder from a bag and threw it upon them. Thereafter her father Satar Mansoori came armed with a danda, her cousin relative Gabu came armed with a knife and her sister Roshan Bi, came armed with a danda. They started assaulting her husband Ikbal. Gabu stabbed him with a knife on his chest and stomach as a result of which he started bleeding. Thereafter one Sultana Bi and Nandoi Akbar came and intervened and took Ikbal to the hospital where he was declared dead. On lodging of the report, investigation has been conducted and applicant No.2 has been implicated and arrested for the present offence.

04. Learned counsel for applicant No.2 submits that applicant No.2 is innocent and has falsely been implicated in the case. There is no allegation as regards her involvement in the assault whereby Ikbal put was to death. She had not assaulted him in any manner. She was not armed with any weapon and no injury has been inflicted by her on the deceased. The only allegation against her is of throwing chilly powder on the deceased and the complainant. Besides that no other act has been attributed to her. Investigation has been completed and charge sheet has been filed and further custodial interrogation of applicant No.2 is not required. On such grounds prayer for grant of bail to the applicant has Signature Not Verified been made. Signed by: JYOTI

2:36:00 PM 05. The aforesaid prayer has been opposed by learned counsel for the respondent/State submitting that in view of the allegations levelled by the prosecution and the material collected against applicant No.2 she is not entitled to be released on bail.

06. I have heard the learned counsel for the parties and have perused the case diary.

07. The allegation against applicant No.2 is only of throwing chill power on the deceased and the complainant. There is no allegation against her of assaulting the deceased in any manner or causing any injury to him. She is not stated to be armed with any weapon. Thus looking to the role attributed to applicant No.2, I deem it fit to enlarge applicant No.2 on bail.

08. . Accordingly, without commenting on the merits of the case, the application filed by the applicant No.2 Rukaiyya Bi is allowed. The applicant No.2 is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent