AI Structured Summary
Not yet generated for this judgment
Judgment
Sujoy Paul, J
This is first application filed under section 439 of the Cr.P.C arising out of crime no.591/2020 under section 302, 294, 323, 34 IPC registered at
police station Khategaon Dewas.
Learned counsel for the applicant submits that applicants are women. As per prosecution story, on 03.12.2020 a sudden quarrel had taken place
between the deceased Channulal, Bholuram, Balram and Rahul. As per story, Rahul assaulted Channulal with stone, whereas Bholuram and Balram
assaulted with Piranha and wooden stick. Later on, applicants reached the place of incident and have thrown sleepers on the deceased Channulal.
They assaulted the mother of the complainant namely Phoolwati and his wife Bhuribai.
Learned counsel for the applicants submits that challan has been filed. The applicants have not played any such role because of which they may be
kept in custody. They are already in custody since 04.12.2020. The applicants may be enlarged on bail.
The prayer is opposed by the learned counsel for the respondent/State.
Considering the nature of accusation, prima facie it appears that the incident had begin between Bholuram, Balram, Rahul and the deceased
Channulal. After Channulal was being assaulted by the said three persons, the applicants reached to the place of incident and allegedly thrown
sleepers on Channulal. It is not shown that prima facie their assault on Phoolwati and Bhuribai is grievous in nature.
Considering that applicants are women, nature of accusation, coupled with the fact that challan has been filed, the conclusion of trial will take time
in this pandemic era, without expressing any opinion on the merits of the case, I deem it appropriate to enlarge the applicant on bail.
Consequently, the application of the applicants filed under section 439 of the Cr.P.C is hereby allowed. It is directed that the applicants Ganga Bai
W/o Bholuram, Seema Bai W/o Rahul, and Krapa Bai W/o Balram be released on bail on their furnishing personal bond in the sum of Rs.50,000/-
(Rs.Fifty Thousand) each with one solvent surety each in the like amount to the satisfaction of the trial Court and on the condition that they shall
remain present before the Court concerned during the trial and also comply with the conditions enumerated under section 437(3) of the Cr.P.C.