High CourtsSingle Bench(2021) 02 MP CK 0039

Reshma BI vs State Of MP

Madhya Pradesh High Court · Decided on 4 February 2021

HON’BLE JUDGES
Shailendra Shukla, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.6694 Of 2021

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Judgment

20 paragraphs · 339 words

Shailendra Shukla, J

This is second application under Section 439 of Cr.P.C. for grant of bail. Applicant â€" Smt. Reshma Bi W/o Mohammad Ajgar is implicated in Crime

No.206/2019 registered at Police Station â€" Narwar, District Ujjain for the offence punishable under Sections 376(2)(n), 323, 294, 344, 370, 366 and

363 of IPC and she is in custody since 23.06.2020.

As per prosecution story, prosecutrix was married to co-accused Sameer had developed strained relations with her in-laws. The present applicant is

aunt-in-law of prosecutrix. As per prosecution story, while prosecutrix came back from her matrimonial home and started staying with her parents,

applicant along with husband of prosecutrix i.e. Sameer came and took her away and she was subjected to trafficking and sold off to another co-

accused who was also named Sameer. The allegation against applicant is that she was involved in trafficking of prosecutrix.

Learned counsel for the applicant has filed deposition sheet of prosecutrix in which she has turned hostile and has made no allegation against the

applicant regarding her trafficking. Even after being declared hostile, prosecutrix has not supported the prosecution story.

Learned Public Prosecutor for the State was also heard who has opposed the bail application.

Considered.

On due consideration of the aforesaid submissions, without commenting upon the merits of the case, this bail application is allowed and it is directed

that applicant â€" Smt. Reshma Bi shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only)

with one solvent surety to the satisfaction of the concerned Trial Court/Committal Court for her regular appearance before the Trial Court/Committal

Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all

the conditions enumerated under Section 437(3) of the Cr.P.C.

A copy of this order be sent to the concerned Court for its compliance.

M.Cr.C. No.6694/2021 is allowed and stands disposed of

Certified copy as per rules.