Leelabai vs State Of Madhya Pradesh

Anand Pathak, J

With consent heard finally.

The applicant has filed this first application under Section 438 of Cr.P.C for grant of bail. Applicant is apprehending her arrest in connection with Crime No.354/2022 registered at Police Station City Basoda District Vidisha for the offence punishable under Sections 304-B, 498-A and 34 of IPC and Sec. 3/4 of Dowry Prohibition Act.

It is the submission of counsel for the applicant that applicant is a lady aged about 31 years, apprehending her arrest on the basis of registration of offence referred above. It is further submitted that she is a married lady and lived separate from the household of deceased with her husband for last ten years and blessed with two children aged 8 years and 7 years old. Therefore, she cannot instrumental in causing the regular embrassment/harassment to the deceased. Parents and brother of present applicant are already in confinement. No custodial interrogation is required so far as present applicant is concerned. Applicant undertakes to cooperate in investigation/trial and would make herself available as and when required and would abide by the terms and conditions as imposed by this court. She further undertakes to not be a source of embarrassment/harassment to the complainant party in any manner. Under these grounds, counsel prayed for bail.

Counsel for the State opposed the prayer and prayed for dismissal of this application.

Heard the learned counsel for the parties and perused the case diary. Considering the submissions and the arguments advanced by counsel for the parties, without commenting on the merits of the case, this Court intends to allow the bail application. It is directed that in the event of arrest the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount, to the satisfaction of the Arresting Authority /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 her;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her 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;

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

Applicant shall cooperate in trial/investigation and shall appear as and when required by the Investigating Officer and shall not be a source of embarrassment and harassment to the complainant side in any manner.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

Certified copy as per rules/directions.