Juli vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is first application under section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail.

The applicant-sister-in-law of deceased aged about 26 years is apprehending her arrest in connection with Crime No.878/2022 registered at Police Station Maharajpura District Gwalior (MP) for the offence punishable under Sections 498-A, 304-B, 34 of IPC and 3/4 of Dowry Prohibition Act.

In brief case of prosecution is that on 22.10.2022 at 6:29 pm, father-in-law of deceased Hariom Sharma gave an information to Police Station Maharajpura that on 22.10.2022 in the afternoon at 3:15 pm, he alongwith Ankit Sharma sowing mustard in their field. Ramu Sharma informed him through telephone that his daughter-in-law Bhawna committed suicide by hanging. His son Ankit reached home and through window saw that she is hanging. She was taken to Birla Hospital where doctor declared her dead. On his information, merg 55/2022 at Police Station Maharajpura was recorded. Dead body panchanama was prepared. Postmortem was conducted. As per postmortem report, she died due to hanging. During merg inquiry statement of father of deceased was recorded in which he has stated that on 02.05.2022 his daughter marriage was solemnized with Ankit. As per capacity, he solemnized the marriage. Thereafter, on 04.05.2022 in-laws of deceased were curelling and taunting her that your father gave Rs.3,70,000/- less. She informed him. He had sent his son. Thereafter on 15.05.2022, he also went to her in-laws house. They demanded RS.3,70,000/-. He complained to his son-in-law that his daughter is not comfortable in your home. Due to harassment, she committed suicide.

Learned counsel for the applicant submitted that present applicant-accused marriage was solemnized prior one year with the deceased. She gave birth to a child. Through operation child was born. She was admitted from 13.04.2022 to 16.04.2022 at Arogyadham Gwalior. Omnibus allegations has been levelled. In such circumstances, it is prayed that applicant may be enlarged on anticipatory bail.

On the other hand, learned Public Prosecutor vehemently opposed present anticipatory bail application and prayed for its rejection.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the record.

Looking to the aforesaid facts and circumstances of the case, without commenting upon 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 in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Arresting Authority.

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

With the aforesaid directions, the present application stands allowed and disposed of.

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