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Judgment
Vivek Rusia, J
This is the 5th application filed under section 439 Cr.P.C seeking bail in connection with Crime No.49/2020 registered at Police station - Moman Barodiya District - Shajapur for the offence punishable under section 302, 201 of I.P.C. The details of earlier bail applications as under:
Sr. No.
M.Cr.C. No.
Date of order
Status
1.
M.Cr.C.No.9722/2020
17/03/20
Dismissed as withdrawn
2.
M.Cr.C.No.15499/2020
07/07/20
Dismissed as withdrawn
3.
M.Cr.C.No.48301/2020
16/02/21
Dismissed
4.
M.Cr.C.No.23601/2021
31/07/2
Dismissed as withdrawn
As per prosecution story, on 12.2.2020 near about at 12.30 in the night present applicant delivered a female child weighing 3.8 Kg. Since the applicant was suffering from bleeding, therefore, she was referred to District Hospital Shajapur through 108 "Janani Express". She was treated there and thereafter, her husband - Raisingh, brother Vinod and mother Gangabai took her to maternal home. On the same day at about 3.30 pm, applicant along with her brother and mother Gangabai and girl child came to the hospital where the Doctor has found three stab injures on the neck, chest and stomach on the body of girl child. Accordingly, she was immediately referred to the M.Y. Hospital at Indore. Statement of applicant, her brother and her husband were recorded and they did not give proper information. Immediately, the girl child was sent for MLC and FIR was registered for the offence u/s. 307 of the IPC. The girl child aged about one day was admitted in the hospital and the Doctor found stab injury on lower chest measuring 3 x 4 cm.; abdomen (intestine out of abdomen; multiple incised injuries (3-4 in number) beneath chin in horizontal manner. She was operated by a team of doctors on 12.2.2020, but could not save her. The statement of the present applicant was recorded u/s. 27 of the Evidence in which she admitted that she delivered an unwanted girl child, therefore, out of anger she tried to kill her by means of 'Darata'. Thereafter the applicant was arrested and now facing trial under the aforesaid offences.
Learned counsel for the applicant submits that the prosecution has examined as many as 11 witnesses and now formal witnesses are required to be examined. The applicant is in jail since 15.02.2020 and her first child aged about 3 years is with her in the jail. After release from jail she would make arrangement for her child, in case of conviction in the case. She is not habitual offender. There is omissions and contradictions in the statement of the witnesses. Hence, she may be enlarged on bail.
Learned Government opposes the bail application by submitting that the applicant has brutally murdered the child on the next day of her delivery. Hence, application is liable to be dismissed.
Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
C.c as per rules.