Gudiya @ Hemant Devi Sikarwar vs State Of M.P

The applicant has filed this first bail application u/S.438 of Cr.P.C for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.125/2019 registered at Police Station Chinnoni, District Morena (M.P.) in relation to the offence punishable under Sections 304-B 498-A/34 of IPC and ¾ of D.P.Act.

It is submitted by learned counsel for the applicant- Gudiya @ Hemant Devi Sikarwar that the applicant is sister-in-law (jithani) of the deceased and is having two small kids.. The date of marriage is 24.5.2015 and the deceased committed suicide after five years of marriage by hanging. It is further submitted that one Samagra ID has been filed on behalf of the present applicant which was registered on 12.3.2013 which shows that the present applicant resides with her family members other than the place where the deceased was residing. The investigation and trial will take its own time. Hence, prayed for grant of anticipatory bail.

Learned counsel for the State has vehemently opposed the submissions and has submitted that the case is registered under sections 304-B 498-A/34 of IPC and ¾ of D.P.Act and the present applicant is sister-in-law of the deceased and the allegations levelled against the present applicant is of demand of dowry. Hence, prays to reject the bail application of the applicant.

It is further submitted by learned counsel for the applicant that by today itself, the husband of the deceased has surrendered before the trial Court and is in custody.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.

Considering the facts and circumstances of the case and the fact that the applicant is a lady and having two small kids, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant shall make himself available for interrogation by a police officer as and when required.

He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which she is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of trial Court/ Investigating Officer, as the case may be.

E-copy of this order be sent to the Court concerned for compliance as well as e-copy of the order be given to the learned State counsel with a direction to keep the same in the concerned case diary.

Certified copy/ e-copy as per rules/directions.