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Madhya Pradesh High Court

Pooja @ Ranu vs The State Of Madhya Pradesh on 13 August, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

          NEUTRAL CITATION NO. 2024:MPHC-IND:23297




                                                               1                         MCRC-34029-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       BEFORE
                                    HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                                  ON THE 13th OF AUGUST, 2024
                                            MISC. CRIMINAL CASE No. 34029 of 2024
                                                       POOJA @ RANU
                                                           Versus
                                               THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Shri Jitendra Bajpai, learned counsel for the applicant.

                                   Shri Hemant Sharma, learned G.A. for the State.

                                                                ORDER

This is first bail application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "B.N.S.S."), for grant of bail to the applicant, relating to FIR/Crime No.290/2024 dated (not mentioned) registered at Police Station-Namli, District-Ratlam (M.P.) for commission of offence punishable under Sections 420 and 120 of the IPC.

2. Prosecution story, in brief is that the present applicant Pooja alias Ranu, and co-accused persons Vijay, Priya Maheshwari and Neha Chouhan entered into conspiracy to get the complainant Mahesh Jaat married to co- accused Neha. On 10/07/2023 the co-accused persons after receiving a sum of Rs.2,00,000/- from the complainant Mukesh Jaat, got co-accused Neha married to him in Ratlam Court. Affidavit for marriage was executed before notary. Co-accused Neha went to the house of the complainant and started to live as his wife. On 02/06/2024 present applicant and co-accused Vijay and Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 14-08-2024 19:23:58 NEUTRAL CITATION NO. 2024:MPHC-IND:23297 2 MCRC-34029-2024 Priya came to the house of the complainant and told them that father of Neha has died and they took co-accused Neha alongwith them. Co-accused Neha took the gift of marriage alongwith her. Thereafter despite of several attempts, Neha was never sent back to the house of the complainant by the applicant and co-accused persons. During investigation it was revealed that the applicant and co-accused persons deceive people and in return of money they get those aggrieved persons married and after some time all of them leave after taking the gifts received in the marriage.

3. Learned counsel for the applicant/accused submits that, the applicant has not committed the offence and has falsely been implicated in the case. It is further submitted that the offence is triable by J.M.F.C. The applicant is in custody since 05/07/2024. After investigation, chargesheet has been filed. Applicant Pooja is a lady without any criminal antecedents. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.

4. On other hand learned counsel for the non-applicant/State has opposed the prayer and prayed for rejection of the application.

5. Having considered the rival contentions of the learned counsels for the parties, perused the case diary, also looking to the aforesaid facts and circumstances of the case and allegations made against the applicant, this court is of considered view that this is a fit case to grant bail to the applicant. Hence, without expressing any opinion on merit of the case, these application is allowed.

6. It is directed that the applicant- POOJA @ RANU be released on Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 14-08-2024 19:23:58 NEUTRAL CITATION NO. 2024:MPHC-IND:23297 3 MCRC-34029-2024 bail upon her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with solvent surety in the likewise amount to the satisfaction of the concerned trial Court for her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section Section 480(3) of The Bharatiya Nagarik Suraksha Sanhita, 2023.

7. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

8. With the aforesaid, these bail applications are allowed and stands disposed of.

Certified copy, as per Rules.

(PRAKASH CHANDRA GUPTA) JUDGE ajit Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 14-08-2024 19:23:58