Madhya Pradesh High Court
Aasha vs The State Of Madhya Pradesh on 1 September, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.41863/2021
(Aasha Vs. State of M.P.)
-1-
Indore, dated 01/09/2021
Shri Sanjay Sharma, learned counsel for the applicant.
Shri Sameer Verma, learned Government Advocate for the
respondent / State.
Case-diary perused.
This is first application under Section 439 of Cr.P.C. filed on
behalf of the applicant for grant of bail. The applicant is implicated
in connection with Crime No.378/2021 registered at Police Station-
Station Road Ratlam, District-Ratlam (MP) for offence punishable
under Sections 452, 307, 323, 324, 294 and 34 of IPC and Section
25 of Arms Act. The applicant is in custody since 13.06.2021.
02. As per prosecution story, on 13.06.2021, complainant Mamta
lodged Dehati Nalish before the police that she lives at Ratneshwar
Road Ratlam along with her son and husband. On 13.06.2021 at
about 11.00 A.M., present applicant along with Dipu, Sunny and
Dinesh came there and started abusing verbally to the complainant
and with an intention to kill her, they started assaulting her with
kicks and punches. Dipu with an alleged intention to kill her drew
out his knife and gave a blow on the right and left side of her
abdomen due to which she started bleeding and her intestine came
out. Dinesh assaulted the complainant with brick and the present
applicant caught hold hair of the complainant and Sunny started
beating her on the abdomen where she had undergone some
surgery. After hearing hue and cry of the complainant, Guriya and
Mukesh came there to rescue her and they intervened and stopped
them. Thereafter, complainant's son Vishal came there and he called
his father. When his father came there, the accused party verbally
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.41863/2021
(Aasha Vs. State of M.P.)
abused him. On the basis of Dehati Nalish, crime has been
registered against the present applicant and other co-accused
persons.
03. Learned counsel for the applicant contended that applicant is
an innocent person and he has been falsely implicated in this
offence. There is no legal evidence to connect the applicant with
the aforesaid offence. A counter case has also been registered
against the complainant and in that it is clear that the complainant
party was the aggressor. The incident took place in the spur of
moment and there was no common object pre-determined of the
same and no specific allegation has been attributed against the
present applicant in the initial F.I.R. It has been stated that the
present applicant is a lady and investigation is over and charge-
sheet has been filed and in the cross counter case also, one of the
accused, who is juvenile, has been released by the trial court and
the applicant is in custody since 13.06.2021 and the victim has
been discharged from the hospital and injury was not serious in
nature. Learned counsel has placed reliance upon a judgment
delivered by this Court in the case of Bhanwar Lal Vs. State of
M.P. reported in 1998 (II) M.P.W.N. (191) in which it was held that
when both side parties suffered injuries which result in death of the
persons belong to both side then on the ground of parity bail should
be granted. Under the above circumstances, prayer for grant of bail
may be considered on such terms and conditions, as this Court
deems fit and proper.
04. Per contra, learned government advocate for respondent -
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.41863/2021
(Aasha Vs. State of M.P.)
State opposes the bail application and prays for its rejection.
05. Considering the facts and circumstances of the case and the
nature and gravity of the allegation and also keeping in view the
fact that the applicant is a lady and her role attributed by the
prosecution is only to the extent that she caught hold hair of the
victim at the time of incident and also taking into account the fact
that a cross case has also been registered against the complainant
party also and trial will take considerable long time for its final
conclusion, I deem it proper to release the applicant on bail.
06. Accordingly, without commenting on the merits of the case,
the application filed by the applicant is allowed. The applicant is
directed to be released on bail upon furnishing a personal bond in
the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent
surety of the like amount to the satisfaction of the trial Court for
her regular appearance before the CJM/trial Court during trial with
a condition that she shall remain present before the court concerned
during trial and shall also abide by the conditions enumerated under
Section 437 (3) Criminal Procedure Code, 1973.
07. Before releasing the applicant from custody, the jail
authorities are directed to medically examine her in order to rule
out the possibility of COVID-19 infections and shall comply with
the direction given by the Hon'ble Apex Court in Writ Petition
No.1/2020.
Certified copy as per rules.
(Anil Verma)
Judge
N.R.
Digitally signed by NARENDRA
KUMAR RAIPURIA
Date: 2021.09.02 15:25:23
+05'30'
