Mamta Devi vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicant has filed this first bail application under Section 438 of Cr.P.C. for grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime No.158/2021 registered at Police Station Sirole, District Gwalior (M.P.) in relation to the

offence punishable under Sections 306, 34 of IPC.

It is submitted by learned counsel for the applicant- Smt. Mamta Devi that the applicant has not committed any offence. She has falsely been

implicated in this case. Applicant is a lady and she is daughter-in-law of the Taau (father-in-law) of deceased and partition had already took place. It

is further submitted that the applicant is residing separately and in support of aforesaid, copy of ration card has been filed along with this bail

application. Learned counsel for the applicant also submitted that the applicant has delivered a child today itself and she is already having four

daughters and she is the only member to look after her kids. No case is made out under Section 306 of IPC against the applicant and there is no overt

act on the part of the applicant. Investigation and trial will take its own time. As the applicant is a lady, and she is ready to abide by any condition

which may be imposed by this Court, learned counsel prays for grant of anticipatory bail to the applicant.

Learned State counsel has vehemently opposed the application and has submitted that present applicant is the main accused and she has instigated the

deceased to commit suicide. It is further submitted that due to cruel behaviour of the applicant, the deceased was compelled to commit suicide. Earlier

one complaint was filed and also one case was filed against the present applicant by the deceased before the family Court. Hence, looking to the

gravity of offence, learned State counsel prayed to reject the anticipatory bail application of the applicant.

Heard learned counsel for the parties and perused the case diary. Considering the facts and circumstances of the case and the fact that the applicant

is a lady and she has delivered a child today, as per version of learned counsel for the applicant, without commenting on merits of the case, the

application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on her furnishing a personal

bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/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;

2 . The applicant shall make herself available for interrogation by a police officer as and when required. She shall further abide by the other conditions

enumerated in sub-Section (2) of Section 438 of Cr.P.C.;

3 . 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 them 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 previous permission of trial Court/ Investigating Officer, as the case may be.

This anticipatory bail application stands disposed of in above terms.

E-copy of this order be sent to the Court concerned for information.

Certified copy/ e-copy as per rules/directions.