Kamini Gaur vs State Of Madhya Pradesh

Anjuli Palo, J

This is first application filed by the applicant under section 439 of Cr.P.C. for grant of bail.

The applicant is in custody since 7.7.2020 in connection with Crime No.87/2020 registered at P.S. Dolariya, District Hoshangabad for the offences punishable under Sections 304-B, 498-A, 34 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act.

As per prosecution, the marriage of the deceased was solemnized with the son of the applicant on 16.2.2020. She committed suicide at her matrimonial house on 1.7.2020 by hanging within five months of her marriage.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The applicant happened to be the mother-in-law of the deceased. There is no specific allegation against the applicant regarding demand of dowry or committing cruelty on the deceased. The applicant is a lady aged about 56 years. He is in custody since 7.7.2020 and trial would take considerable time to conclude due to situation created by Covid-19 pandemic. In view of the above, prayer is made to release the applicant on bail.

Learned Panel Lawyer for the State as well as learned counsel for the objector have vehemently opposed the prayer for bail and submitted that there are specific allegations against the applicant and her son. The deceased was subjected to cruelty and harassment in connection with demand of dowry in the form of money and a four wheeler by the applicant and her son, as a result of which she committed suicide at her matrimonial house within six months of her marriage. At the time of incident the applicant was pregnant. In such circumstances, the applicant is not entitled to be released on bail.

Heard learned counsel for the parties.

Looking to the facts and circumstances of the case and nature of allegation levelled against the applicant, I do not find it a fit case to release the applicant on bail.

Accordingly, the application is hereby dismissed.