Madhya Pradesh High Court
Kalpna vs The State Of Madhya Pradesh on 20 September, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 MCRC-40148-2021
The High Court Of Madhya Pradesh
MCRC-40148-2021
(KALPNA Vs THE STATE OF MADHYA PRADESH AND OTHERS) Jabalpur, Dated : 20-09-2021 Heard through Video Conferencing.
Shri B.J. Chourasiya, learned counsel for the applicant. Smt. Papiya Ghosh, learned Panel Lawyer for the State. This is first bail application under Section 439 of the Cr.P.C. on behalf of the applicant - Kalpna, who is in custody since 25.07.2021 in connection with Crime No.210/2021 for the offences punishable under Sections 376(D), 120-B, 366, 370, 506, 34 of the Indian Penal Code registered at Police Station Maharajpur, District Sagar (M.P.).
As per prosecution story, the prosecutrix went with the applicant and other co-accused persons, then the co-accused persons committed gang rape with her.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The prosecutrix is major and married woman. The applicant is in custody since 25.07.2021 and she is 30 years old lady. In view of the aforesaid, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the State strongly opposed the bail application of the applicant.
Looking to the overall facts and circumstances of the case, custody period of the applicant, without commenting on the merits of the case, the application is allowed.
It is directed that applicant Kalpna 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 2 MCRC-40148-2021 such dates as may be fixed in this regard during the pendency of trial.
If the applicant is involved in similar offence in future, this order shall stand ineffective.
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 off. Certified copy as per rules.
(SMT. ANJULI PALO) JUDGE shahina Signature Not Verified SAN Digitally signed by SHAHINA KHAN Date: 2021.09.21 10:58:41 IST