Gayatri Sharma vs State Of M.P

G.S. Ahluwalia, J

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime No.577/2021 registered at Police Station Bahodapur, District Gwalior for offence under Sections 498-A and 306/34 of I.P.C.

It is submitted by the counsel for the applicant that the applicant is the mother-in-law of the deceased, who was married to the son of the applicant on 26/06/2012 and she committed suicide on 07/08/2021. There are omnibus and vague allegations against the applicant. The husband of the applicant has already been granted anticipatory bail by order dated 29/10/2021 passed in MCRC No.53484/2021. It is further submitted that there are specific allegations that just two days prior to the date of the incident, the deceased informed her Bhabhi that the co-accused persons are harassing the deceased, in which the name of the applicant was not mentioned.

Per contra, the application is vehemently opposed by the Counsel for the State as well as counsel for the complainant. The counsel for the State after reading out the statement of Anil Sharma pointed out that the deceased was married on 26/06/2012 and initially the behavior of her in-laws was proper, but after five years of marriage, the husband of the deceased got appointment as Compounder and from thereafter, the applicant as well as other in-laws started demanding further amount of Rs.5,00,000/- and also started humiliating and harassing her by calling her that she is of a dark complexion.

So far as, co-accused Shyam Sundar Sharma is concerned, he was primarily granted anticipatory bail on the ground that it was stated by Shri Anil Sharma in his statement under Section 161 of Cr.P.C. that Shyam Sundar Sharma has already shifted to Brindavan about one month prior to the date of commission of suicide by the deceased.

In reply, it is submitted by the counsel for the applicant that in fact the applicant is residing in Indore alongwith her younger son and she is getting treatment in Indore and accordingly, he has filed certain documents in support of medical treatment.

Heard the learned counsel for the parties.

The deceased committed suicide on 07/08/2021 whereas, no medical document has been filed to show that in the month of August, 2021, the applicant was getting treatment in Indore. Nothing has been placed on record to show that the applicant was residing alongwith her younger son in Indore.

In view of the specific allegations made against the applicant, coupled with the fact that the case of the applicant is distinguishable from the case of co-accused Shyam Sundar Sharma, no case is made out for grant of anticipatory bail.

Accordingly, the application fails and is hereby dismissed.