Toshika vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the challan papers.

2] This is the applicant's second bail application which is filed under Section 483 of B.N.S.S./ 439 of Criminal Procedure Code, 1973 for regular bail or for temporary period, as he/ she is implicated in connection with Crime No.489/2025 registered at Police Station Kanadia, District Indore (MP) for offence punishable under Sections 103(1), 238, 61(2) of Bharatiya Nyaya Sanhita, 2023 and sections 25 and 27 of the Arms Act. The applicant is in custody since 21.8.2025. Her first bail application M.Cr.C. No.55435 of 2025 was dismissed as withdrawn by this Court vide order dated 13.01.2026. 3] Allegation against the applicant is of her involvement in the aforesaid case of murder of one Rani W/o Ishwar. It is alleged that the applicant was the paramour of co-accused Ishwar and was residing with him as his second wife.

4] Counsel for the applicant has submitted that the applicant has a five-year-old minor child, who is mentally challenged and is presently residing with her in jail, and she also has a seven-year-old daughter, who is outside the jail but requires her care. It is submitted that both children depend upon the applicant for emotional and financial support, and due to her incarceration, both the children are suffering. It is further submitted that the applicant has been lodged in jail since 21.8.2025, and the conclusion of the trial will take a sufficiently long time. Thus, the application may be allowed.

5] Counsel for the State, on the other hand, has opposed the prayer.

6] Having considered the rival submissions and on perusal of the charge sheet, which is available with counsel for the applicant, it is apparent that the main allegation of murder is against the co-accused person Ishwar and other person, whereas against the applicant, it is alleged that she happens to be the second wife of Ishwar, and there is no direct allegation of her involvement in the murder. In view of the same and considering the status of the applicant's two minor children, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.

8] M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.