Sunita Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1100 MP

                                                                       1
                                       IN    THE      HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                 BEFORE
                                                     HON'BLE SMT. JUSTICE ANJULI PALO
                                                         ON THE 18 th OF JANUARY, 2023
                                                     MISC. CRIMINAL CASE No. 2397 of 2023

                                      BETWEEN:-
                                      SUNITA AHIRWAR W/O SHRI TEEKARAM AHIRWAR,
                                      AGED ABOUT 26 YEARS, OCCUPATION: HOUSEWIFE R/O
                                      SANGA WARD NO. 14 COLONY P.S. TENDUKHEDA
                                      DISTRICT DAMOH (MADHYA PRADESH)

                                                                                                   .....APPLICANT
                                      (BY SHRI RAJENDRA YADAV - ADVOCATE)

                                      AND
                                      THE STATE OF MADHYA PRADESH THROUGH P.S.
                                      TENDUKHEDA DISTRICT DAMOH (MADHYA PRADESH)

                                                                                                 .....RESPONDENT
                                      (BY SHRI Y.D.YADAV - GOVERNMENT ADVOCATE )

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

This is fourth bail application filed under Section 439 of the Cr.P.C.

on behalf of applicant - Sunita Ahirwar. Her second bail application bearing M.Cr.C. No.145/2022 was dismissed as merit on 14.01.2022.

The applicant is in custody since 31.05.2021 in connection with Cr i me No.102/2021 registered at Police Station Tendukheda District Damoh (M.P.) for the offence punishable under Sections 294, 323, 324, Signature Not Verified SAN 506/34 and 304 of the Indian Panel Code.

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.01.19 09:59:13 IST Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in this case. It is further contended that some witnesses have turned hostile. The applicant is a lady aged about 26 years. The deceased died due to Septicemia. Learned counsel for the applicant further relied on the judgment passed by the Hon'ble Supreme Court in the case of Banarsi Dass Vs. State of Haryana i n Criminal Appeal Nos.534-535 of 2012 decided on 18.12.2014 and the order passed by High Court of Judicature At Allahabad in the case of Ganesh Vs. State of U.P in Criminal Misc. Bail Application No.3162 of 2021 decided on 02.12.2022. The applicant is in custody since 31.05.2021. Therefore, prayer has been made to enlarge the applicant on regular bail.

Learned Government Advocate for the respondent/State has strongly opposed the bail application of the applicant.

I have heard learned counsel for the parties and perused the record. Looking to the custody period of the applicant and the facts that her second application was dismissed after considering the dying declaration of the deceased but she is in custody since 31.05.2021 and trial is still going on; she is aged about 26 years; some of the witnesses have not stated against her; she has three minor children, without commenting on the merits of the case, the application is allowed.

It is directed that applicant shall be released on bail on her furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for her appearance before the said Court on all such dates as may be fixed in this Signature Not Verified SAN regard during the pendency of trial.

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.01.19 09:59:13 IST It is further directed that the applicant shall comply with the provisions of

Section 437(3) of the Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.

(SMT. ANJULI PALO) JUDGE anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.01.19 09:59:13 IST