Madhya Pradesh High Court
Smt. Mithlesh @ Bimlesh vs The State Of Madhya Pradesh on 27 April, 2022
Author: Anand Pathak
Bench: Anand Pathak
MADHYA PRADESH HIGH COURT
(1) ( M.Cr.C.No. 18869/2022)
(Smt. Mithlesh alias Vimlesh Vs. State of M.P.)
Gwalior Bench:
Dated 27/04/2022
Shri Prem Singh Bhadauriya, learned counsel for the
applicant.
Shri Kuldeep Singh, learned PP for the respondent/State.
Heard learned counsel for the parties. Perused the case diary.
Applicant has filed this repeat bail application under Section 439 of the Cr.P.C. Applicant is in custody since 26/2/2022 in relation to Crime No. 485/2021 registered at Police Station Station Road, District Morena in reference to offence punishable under Sections 302, 34 of IPC.
It is the submission of learned counsel for the applicant that applicant is a lady aged about 40 years and she has been implicated on false pretext and since 26/2/2022, she is in custody. All material prosecution witnesses in respect of other accused have been examined and since applicant was arrested later on, trial so far as applicant is concerned, yet to be concluded. All material prosecution witnesses have been examined and they did not support the story of prosecution and declared hostile, therefore, chance of tampering with evidence / witness is remote. Since, applicant is a lady and has to take care MADHYA PRADESH HIGH COURT (2) ( M.Cr.C.No. 18869/2022) (Smt. Mithlesh alias Vimlesh Vs. State of M.P.) of family and sufficient period of custody has been suffered, therefore a chance be given to her for course correction and to mend her ways to become a better citizen. He also referred order dated 3/1/2022 in M.Cr.C.No. 63148/2022 in respect of co- accused Raju Singh Tomar and seeks parity. Applicant undertakes to cooperate in trial. On these grounds, prayer for bail is made out.
Learned counsel for the State opposes the application and prayed for its rejection.
After hearing learned counsel for the applicant, this application is hereby allowed and it is directed that on applicant's furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousands Only) with one surety bond in the like amount to the satisfaction of trial Court she shall be released on bail.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by her;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge herself in extending MADHYA PRADESH HIGH COURT (3) ( M.Cr.C.No. 18869/2022) (Smt. Mithlesh alias Vimlesh Vs. State of M.P.) inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which she is accused and will not move in the vicinity of the complainant;
5. The applicant will not seek unnecessary adjournments during the trial; and
6.The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned. Certified copy as per rules/directions.
(Anand Pathak) Judge jps/-
JAI PRAKASH Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f4cfb9e3 SOLANKI 8ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB2193780D8357, serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C01433EB D48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.04.28 09:54:58 +05'30'