Criminal Case No. 1026 of 2022 · Madhya Pradesh High Court

KHUNNO @ NASEERAN W/O SHRI KINIYA 30 YEARS, KHAN OCCUPATION: HOUSEWIFE R/O VILLAGE KHADRABHAN POLICE STATION SANAUDHA (MADHYA PRADESH) (BY SHRI P.S. TOMAR, LEARNED COUNSEL FOR THE APPLICANTS ) .....APPLICANTS AND THE STATE OF MADHYA PRADESH THR. POLICE STAION SANAUDHA DISTT. SAGAR (MADHYA PRADESH) (BY SHRI SUNIL GUPTA, LEARNED P.L. FOR THE RESPONDENT / STATE) (Heard through Video Conferencing) This M.Cr.C coming on for 13.08.2021 this day, the court passed .....RESPONDENT the following: Heard with the aid of case diary. ORDER At the outset, learned counsel for the applicants wants to withdraw this M.Cr.C. so far as it relates to applicant No.1 Hukmu Bai @ Hukmat. Prayer is allowed. Accordingly, this application filed on behalf of the applicant No.1 Signature Not Verified SAN Hukmu Bai @ Hukmat is dismissed as withdrawn. SARATHE 2 This is First bail application filed under section 439 Cr.P.C. Applicant No.2 Hina @ Parveen and applicant No.

3 Khunno @ Naseeran were arrested on 13.08.2021 in Crime No.226/2021 registered at Police Station Sanaudha, District Sagar for the offence punishable under Section 294, 307, 34, 302 of IPC. A s per prosecution case, on 09.07.2021 at around 2.00 pm some altercation took place between applicant No.1 Hukmu Bai and deceased Chandani Khan. Hukmu Bai abused Chandani Bai at that point of time applicant No.2 Hina Khan, applicant No.3 Khunno Khan and co-accused Sanjay also came there and thereafter applicant No.2 Hina Khan took Kerosene oil and match box and applicant No.1 Hukmu Khan poured kerosene on deceased Chandani Khan and co-acused Sanjay set ablaze her due to which she sustained injury and died. Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in the offence. The statements of eyewitness of the incident i.e. Israil (PW-1), Tareena (PW-2), Naseeman @ Naseema (PW-3) have been recorded by the trial court.

They did not support the prosecution story and turned hostile. Even otherwise there is no allegation against the applicants No. 2 & 3 Hina @ Parveen and Khunno @ Naseeran that they poured kerosene on deceased Chandani Khan or set ablaze her. The applicants No.2 & 3 Hina @ Parveen and Khunno @ Naseeran are ladies. They have been in custody since 13.08.2021 and the conclusion of trial will take time, hence prayed for release of the applicant No.2 Hina @ Parveen and applicant No.3 Khunno @ Naseeran on bail. Learned counsel for the State opposed the prayer and submitted that applicant No.2 Hina @ Parveen and applicant No.3 Khunno @ Naseeran are also involved in the crime, so they should not be released on bail. Looking to the facts and circumstances of the case and the contention of learned counsel for the applicant and the fact that there is no allegation against the applicant No.2 Hina @ Parveen & applicant No.3 Khunno @ Signature Not Verified SAN SARATHE 3 Naseeran that they poured kerosene on deceased Chandani or they set ablaze her, applicants are ladies, they are in custody since 13.08.2021 and conclusion of trial will take time, without commenting on the merits of the case, the application is partly allowed and it is directed that the applicant No.2 Hina @ Parveen & applicant No.3 Khunno @ Naseeran be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs.

Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. This order will remain operative subject to compliance of the following conditions by the applicant No.2 Hina @ Parveen & applicant No.3 Khunno @ Naseeran :-

The applicants No.2 & 3 will comply with all the terms and conditions of the bond executed by them;

The applicants No.2 & 3 will cooperate in the trial;

The applicants No.2 & 3 will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants No.2 & 3 shall not commit an offence similar to the offence of which they are accused;

The applicants No.2 & 3 will not seek unnecessary adjournments during the trial; and

The applicants No.2 & 3 will not leave India without prior permission of the trial Court. C.C. on payment of usual charges. Signature Not Verified SAN sarathe SARATHE (RAJEEV KUMAR DUBEY) JUDGE 4 Signature Not Verified Signature Not Verified SAN SAN SARATHE SARATHE