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Madhya Pradesh High Court

Shakshi Shukla vs The State Of Madhya Pradesh on 7 March, 2022

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                        1
                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                               ON THE 7th OF MARCH, 2022

                                      MISC. CRIMINAL CASE No. 5802 of 2022

                              Between:-
                              SHAKSHI SHUKLA W/O SHRI SANDEEP SHUKLA,
                              AGED ABOUT 29 YEARS, OCCUPATION: JOB R/O
                              VILLAGE DADHIYA POLICE STATION KOTWALI
                              DISTRICT SATNA M.P. (MADHYA PRADESH)

                                                                                     .....PETITIONER
                                           (BY SHRI SATYAM AGRAWAL, ADVOCATE)

                              AND

                              THE STATE OF MADHYA PRADESH THROUGH THE
                              POLICE STATION CITY KOTWALI DISTRICT SATNA
                              M.P. (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                                    (BY SHRI VIVEK LAKHERA, GOVERNMENT ADVOCATE)

                              This application is taken up for hearing and the Court has passed the
                                                        following:
                                                         ORDER

This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 24.1.2022 in connection with Crime No.14/2021 registered at Police Station City Kotwali, District Satna for the offence punishable under Section 420 of the Indian Penal Code 1860 (for brevity "I.P.C").

Learned counsel for the applicant submits that applicant is innocent. She has been falsely implicated in this case. Earlier a Coordinate Bench of this Court vide order dated 12.3.2021 passed in M.Cr.C No.9523/2021 had extended the benefit of anticipatory bail in favour of the present applicant. Thereafter, the charge sheet was filed and the applicant appeared Signature Not before the Trial Court & was taken into custody. Investigation is complete. SAN Verified Digitally signed by Charge sheet is filed. Trial will take time for its conclusion. Applicant has AMIT JAIN Date: 2022.03.08 11:43:58 IST 2 all through cooperated with the Investigating Officer & is ready to cooperate with the Trial Court. She has never misused the liberty granted by the Coordinate Bench of this Court vide order dated 12.3.2021 passed in M.Cr.C No.9523/2021 while extending the benefit of anticipatory bail.

Hence, prayer is made to enlarge the applicant on bail.

Learned Government Advocate for the non-applicant/State opposes the application.

After hearing counsel for the parties and considering other facts & circumstances of the case, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.

It is directed that applicant Sakshi Shukla W/o.Shri Sandeep Shukla shall be released on bail on her furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE 3 amit