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Judgment
Vivek Rusia, J
This is first application filed under secion 439 Cr.P.C seeking bail in connection with crime No.337/2021 registered at police sation Neemuch, district
Neemuch for the offence punishable under sections 498A, 306, 201 & 34 of the IPC.
As per prosecution story, Dr.Rajesh Dhakad, distric hospital, Neemuch gave an information in writing to the police station Neemuch that the dead
body of Shamabi, w/o Rashid Khan was brought in the hospital on 03.07.2021 at 10.15 A.M. On the basis of the said information Marg No.25/2021
was registered under section 174 Cr.P.C and the mater was taken up for investigation. The police recovered he dead body and sent for postmortem.
Thereafter, the police recorded the statement of the parents of the deceased. They stated that the marriage of the deceased took place eleven years
ago with Rashid Khan and out of the said wedlock they have two children aged 7 years and 2 years respectively. The deceased was subjected to
cruelty by her husband and his relatives, therefore, she committed suicide. Accordingly, police registered a case for the offence punishable under
sections 498A, 306, 201 & 34 of the IPC.
Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased aged 65 years of age. The further custody of the
applicant is no more required in the matter as she was sent to judicial custody. The allegation of atrocity against the deceased is omnibus in nature.
There was no previous complaint against the in-laws during the 11 years of her marriage. The applicant was living separately with the deceased and
her husband. There was no interaction and interference in their day to day life. She is in custody since 05.07.2021. The investigation is over and
charge sheet has been filed, hence prays for release of the applicant on bail.
Learned Panel Advocate opposes the bail application by submitting that the applicant and her family members tried to conceal the evidence regarding
the cause of death, therefore, the offence punishable under section 201 IPC was also added.
Considering the facts and circumstances of the case, period of custody, age of the applicant and the fact that the allegations are omnibus in nature,
without commenting on the merits of the case, the application is allowed. The applicant is directed to be released on bail on her furnishing a personal
bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for her regular
appearance before the trial Court during trial with a condition that she shall remain present before the Court concerned during trial and shall also abide
by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from the custody the jail authorities are directed to medically examine her in order to rule out the possibility of COVID-
19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.