Malti Anuragi vs State Of Madhya Pradesh

Anjuli Palo, J

This is second application under section 438 of the Code of Criminal Procedure for grant of anticipatory bail on behalf of applicant who is

apprehending her arrest in connection with Crime No.32/2021 registered at Police Station, Nowgaon, District Chhatarpur for offences under sections

498-A, 304-B r/w 34 of I.P.C. and 3/4 of Dowry Prohibition Act. Earlier application being M.Cr.C.No.14924/2021 was dismissed as withdrawn on

22.03.2021.

As per prosecution case, the marriage between co-accused Sanjay and deceased was solemnized on 26.5.2017. Due to cruel treatment and physical

and mental torture by her in-laws on account of demand of dowry she committed suicide by hanging herself on 24.1.2021. Therefore, the Police

registered aforesaid offences against the applicant.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is sister-

in-law of the deceased. Co-accused persons, namely, father-in-law ('Sasur') and mother-in-law ('Saas') of the deceased have already been enlarged

on anticipatory bail vide order dated 22.3.2021 in M.Cr.C.No.14924/2021. Similarly, other co-accused persons brother-in-law ('Jeth') and sister-in-law

('Jethani') have already been enlarged on anticipatory bail in M.Cr.C.No.8712/2021 vide order dated 03.3.2021. Therefore, prayer has been made to

enlarge the applicant on anticipatory bail.

Learned Government Advocate has opposed the prayer for Considering the over all facts and circumstances of the case, applicant is unmarried lady

aged about 31 years, other co-accused persons have already been enlarged on anticipatory bail and trial would take considerable time, without

commenting on merits of the case, the application for anticipatory bail is allowed.

It is directed that in the event of arrest Applicant, namely, Malti Anuragi

shall be enlarged on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like

amount to the satisfaction of the Arresting Officer (Investigating Officer) for her regular appearance before the Police during investigation or before

the Court during trial, as the case may be.

It is directed that the applicant shall abide by the conditions enumerated under Section 438(2) of Cr.P.C. It is made clear that the applicant shall

appear before the Investigating Officer as and when he is so directed and cooperate in the investigation and he shall also appear before the trial Court

regularly as and when directed.

Accordingly, application for anticipatory bail is allowed.