Komal Bai vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant was arrested on 01.09.2021 in connection with Crime No.379/2021 by Police Station Chachoda, District Guna (MP) for the offence punishable under Sections 306, 498-A,34 of IPC.

As per prosecution story, on 31.8.2021, father of the deceased gave information at Police Station Chachoda that his daughter aged about 20 years was married with Vishnu, S/o Hukum Singh about two years back and she was having a girl child of six months. On 31.8.2021 at 8-30 AM deceased Uma telephoned her brother Rahul and told him to take her within him. After half an hour her father-in-law telephone him and told that his daughter is no more. On this information, a marg under section 174 Cr.P.C, was lodged and marg was inquired. During marg inquiry, dead body Panchnama was prepared and the deceased was sent for postmortem. As per postmortem report, the deceased died due to hanging and the cause of death is asphyxia. During inquiry, statements of father, mother and brother of the deceased were recorded. Father of the deceased in his statement stated that after two years of marriage the deceased complained that her husband, father-in-law and mother-in-law used to do marpeet with her and due to which she committed suicide. After marg inquiry, a crime under the aforesaid offences was registered against the present applicant and others and the applicant and other co-accused persons were arrested on 1.9.2021.

It is submitted by learned counsel for the applicant that the applicant is mother-in-law of the deceased and she is innocent. It is further submitted that the applicant has falsely been implicated in the offence. The applicant is in custody from 01.09.2021. Now, investigation is complete and charge sheet has been filed and conclusion of trial will take some time. Hence, prayed for grant of bail.

Application is opposed by the State counsel and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case,coupled with the fact that applicant is in custody from 01.09.2021 and conclusion of trial will take some time, without commenting upon the 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 if the applicant furnishes bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Certified copy as per rules.