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Judgment
Vivek Rusia, J
This is second repeat application filed under section 439 Cr.P.C seeking bail in connection with Crime No.271/20 registered at police station Kukshi,
district Dhar for the offence punishable under sections 302, 307 & 34 of the IPC.
As per the prosecution case on 16.06.2020 complainant Rameshwar lodged a report in the police station that he is a resident of Gram Amlal and does
the agricultural work. On the said date at 05.00 P.M when he was working in the field along with his father Dariyav Singh and mother Jhamabai the
owners of adjoining field viz. Jitendra s/o Chandar Singh, Sukhlal s/o Chandar Singh, Chandar Singh s/o Mona, Kanhaiya s/o Kishan were passing
through his med and on a dispute regarding the way they started abusing the complainant and his father. When his father Dariyav Singh asked not to
abuse them the accused persons started assaulting them. Accused Jitendra and Kanhaiya gave blows to his father by means of Kulhadi Ki Mundani
on his head and both legs and accused Sukhlal gave blow on the head of his father by means of crowbar due to which his head started bleeding. When
his mother Jhamabai came to rescue Dariyav Singh accused Jitendra, Sukhlal, Chandarsingh and Kanhaiya also assaulted her due to which she also
sustained grievous injuries on her hands and legs. The complainant who was present at the spot also tried to rescue his father and mother, however, he
was also beaten by the accused by means of bamboo stick. Dariyav Singh, father of the complainant succumbed to the injuries on the spot and mother
Jhamabai was taken to the hospital where she was declared brought dead. It has also been alleged in the FIR that hearing the hue and cry the wife of
the complainant Gorabai also reached the spot and when she tried to rescue her husband, father-in-law and mother-in-law she was also assaulted by
Manisha, Anitabai, Lalitabai and Gangabai belonging to the accused party who also reached the spot hearing the hue and cry started assaulting her by
means of stick and she also sustained injuries in the incident.
Learned counsel for the applicant submits that on the basis of the complaint an FIR for the offence punishable under sections 302, 307 & 34 IPC has
been registered at Crime No.271/2020. Initially, the applicant has not been named in the FIR, however, later on on the statement of Gorabai recorded
under section 161 Cr.P.C the present applicant has also been implicated in the case as she belongs to the member of the accused party. The
investigation is complete and Charge sheet has been filed. No further custodial interrogation of the applicant is required in the matter. He further
submits that for registration of an FIR only brief facts are required to be mentioned in it which cannot be an encyclopedia of the entire incident She is
in custody since 20.06.2020. There is no progress in trial due to corona epidemic, hence prayed for grant of bail during trial.
Learned Panel Lawyer appearing for the respondent/State opposes bail application by submitting that it is a case of double murder. The father of the
complainant died on the spot and his mother died while taking to the hospital. The wife of the complainant also sustained injuries in the alleged incident.
The FIR was got registered by the complainant Rameshwar. However, later on the statement of injured Gorabai was recorded in which she has
disclosed the names of the present applicants, hence the applicants are not entitled for bail.
Heard learned counsel for the parties and perused the case diary. As per the case diary there is no allegation against the present applicant that she
caused injuries to the deceased persons. The only allegation made against the present applicant is that she assaulted
Goribai by means of stick which is not fatal in nature.
Considering the overall facts and totality of the circumstances and on ground of parity with the case of co-accused Bondribai, Gangabai, Anitabai and
Manisha without commenting on the merit of the case, the application is allowed. The applicant is directed to be released on bail on her furnishing a
personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety each 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.
Before releasing the applicants from the custody the jail authorities are directed to medically examine her in order to rule out the possibility of
COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
Certified copy as per rules.