Madhya Pradesh High Court
Heeramani vs The State Of Madhya Pradesh on 13 March, 2018
1 M.Cr.C.No.10069/2018
(Heeramani Vs. State of M.P.)
Indore : Dated 13.3.2018
Shri Abhay Saraswat, learned counsel for the applicant.
Shri Piyush Jain, learned Dy.Advocate General for the
respondent/State.
This is first bail application under Section 439 of Cr.P.C. The applicant, a lady 38 years of age, is in Jail since 15.12.2017 in connection with Crime No.250/2017 registered at Police Station, Gandhi Nagar, Indore for the offence punishable under Section 307, 326(A)/34 of IPC.
As per prosecution story, applicant had called the complainant in her house and in the course of scuffle with the help of her daughter co- accused Nikita spilled the acid upon the complainant. The applicant also had suffered the acid burns. Accordingly, the case has been registered.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. She has no criminal antecedents. The investigation is complete and the challan has been filed.
Learned counsel further submits that as a matter of fact the complainant is a habitual offender and history sheeter, about 12 criminal cases have been registered against him. He is residing in the same locality and has terrorized the inhabitants thereof. As a matter of fact after false implication of the applicant while she with other family members is in Jail, he had again forcibly entered her house and taking advantage of loneliness tried to molest her daughter Ankita. Ankita having suffered such shock and traumatic experience forced to commit suicide and died. All the family members were in Jail. Under these circumstances learned counsel prays for enlargement on bail on such terms and conditions as this Court deem fit and proper.
Per contra, Shri Piyush Jain, learned Govt.Advocate, though opposes the bail application but does not dispute the fact of death of 2 M.Cr.C.No.10069/2018 (Heeramani Vs. State of M.P.) daughter Ankita living alone in the house after arrest of the applicant and the death of commission of suicide.
Without commenting upon merits of the case as the trial is in progress, in the opinion of this Court, a case is made out for enlarging the applicant on bail. Accordingly, the application is hereby allowed.
It is directed that applicant be enlarged on bail subject to his furnishing personal bond in the sum of Rs.50,000/- (Rs.Fifty thousand Only) with solvent surety in the like amount to the satisfaction of the Trial Court for her regular appearance in the trial Court during trial with a condition that she shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C.
A copy of this order be sent to the concerned trial Court for necessary compliance.
Certified copy as per rules.
(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2018.03.14 10:14:01 +05'30'