Mamta Pal vs. State Of Mp

HIGH COURT OF MADHYA PRADESH

MCRC-50034/2021 (Smt. Mamta Pal Vs. State of M.P.)

Gwalior, Dated: 22.11.2021

Shri Utkarsh Dubey, learned counsel for the applicant.

Shri Anil Shukla, learned Public Prosecutor for the respondent/State.

This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 1.7.2021 by Police Station, Indar, District Shivpuri, in connection with Crime No.21/2021 for the offence punishable under Sections 302, 120-B, 34 of IPC.

As per prosecution case, on 24.01.2021 Nepalsingh lodged a Dehati Nalsi regarding death of unknown person before Sub-Inspector Upendra Dubey, Police Station Indar, District Shivpuri stating that at about 3 pm he along with his servant went to his field where one dead body of an unknown person was lying. He informed the Chokidar-Sitaram. Thereafter, Bharat and Rajiv came on the spot. On his information, Merg was registered bearing No.16/2021 at Police Station Indar, District Shivpuri. Dead body Panchnama was prepared. Later on, dead body was identified as Laalsingh S/o Punchulal. Postmortem was done. Merg was enquired. On the same day, Jagdeesh after seeing the dead body, lodged a report regarding murder of his brother. On which, Dehati Nalsi under Section 302 of IPC was registered against unknown persons and FIR was also registered under Section 302 of IPC against unknown persons. After about five months, witnesses Munna and Golu in their statements alleged that present applicant Mamta Pal and co-accused Shyam Chandel were planning to kill deceased Lalsingh. Thereafter, applicant/accused Mamta Pal was arrested on 1.7.2021.

Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. She is in custody since 1.7.2021. It is further submitted that co-accused Shyam Chandel has been granted bail by this Court vide order dated 8.10.2021 passed in M.Cr.C.No.47709/2021. Investigation has been complete and charge-sheet has been filed. She undertakes to cooperate in trial and to abide by the conditions which may be imposed by this Court. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Both the Advocates are heard. Case diary perused.

Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, she should be released on bail.

She will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(Deepak Kumar Agarwal) Judge

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