Mahila Guddi Rajput vs State Of M.P

Rajeev Kumar Dubey, J

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

Applicant Mahila Guddi Rajput was arrested on 30.06.2021 in Crime No.197/2021 registered at Police Station Dehat Tikamgarh, District Tikamgarh

for the offence punishable under Sections 304(b), 498-A of IPC and Section 3 /4 of Dowry Prohibition Act.

As per the prosecution case, on 26.05.2021 deceased Gayatri wife of co-accused Girwar Lodhi committed suicide suicide by hanging herself. It is

alleged that applicant Mahila Guddi Rajput mother-in-law and co-accused Girwar Lodhi husband of the deceased used to harass her and threatened

her due to which she committed suicide.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The applicant is mother-in-law of

the deceased. The allegations regarding demand of dowry and harassment are general in nature. The marriage of the deceased was solemnized with

the co-accused Girwar Lodhi on 14.05.2021. Thereafter she lived with applicant and co-accused Girwar only for 8 days and on 23.05.2021 she went

to her parental house and on 26.05.2021 in her parental house she committed suicide. The applicant is a lady and she has been in custody since

30.06.2021 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that from the suicide note seized by the police during investigation it appears that

applicant and other co-accused person demanded dowry and threatened the deceased Gayatri due to which she committed suicide, so applicant should

not be released on bail.

Looking to the facts and circumstances of the case and the contention of learned counsel for the applicant and the fact that deceased committed

suicide within 12 days of her marriage in her parental house, the applicant is the mother-in-law of the deceaed and the allegations regarding demand of

dowry and harassment are general in nature, she is in custody since 30.06.2021 and conclusion of trial will take take time, so without commenting on

the merits of the case, the application is allowed and the applicant is directed to be released on bail upon her furnishing personal bond in the sum of

Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for her appearance

before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 fact of the case so as to

dissuade him 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; and

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

C.C. on payment of usual charges.