Khushi vs State Of MP

Sujoy Paul, J

This is first bail application under Section 439 of Cr.P.C. for grant of bail arising out of Crime No.451/2021 registered at Police Station- Lasudia, Indore for the offence punishable under Section 34(2) of MP Excise Act.

Learned counsel for the applicant submits that applicant is a young married woman/housewife, aged about 23 years. She has a small baby boy of 8 months. Since applicant is in custody since 29/03/2021, the baby boy is physically and mentally disturbed. The applicant is not able to feed him. In absence of the applicant, because of deteriorating health condition of the child, he was required to be admitted in the ICU of a hospital. The treating doctors suggested that the child should remain with the mother. However, because of pandemic related restrictions, child cannot be taken inside the jail. Applicant is the first offender. She has been falsely implicated. As per prosecution story, 197 bulk liters foreign liquor is allegedly recovered from the joint possession of three women. The main accused is Mogli @ Dharmendra. Considering the condition of child, the applicant may be enlarged on bail.

Shri Bhargava, learned AAG has not raised any serious objection to the said prayer.

Considering the fact that applicant has a small child, who is already hospitalized, without expressing any conclusive opinion on the merits of the case, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed.

Applicant-Khushi W/o Dharmendra Yadav is directed to be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court for her regular appearance before the trial court during trial with a condition that she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

The bail shall be furnished before the Judge/Court available at the relevant place and it is expected that the said Court will promptly fulfill the formalities, so that applicant can be released immediately.

Subject to fulfilling condition(s), she be released forthwith.

With the aforesaid, the application stands disposed of.

Certified copy, as per rules.