Phoolwati Jatav vs State Of M.P

S.A.Dharmadhikari, J

This is first application, under section 438 of Cr.P.C., for grant of anticipatory bail.

The applicant apprehends arrest in connection with Crime No. 417/2021 registered at Police Station Kailaras, District Morena for the offences punishable under Sections 306 and 498A of the IPC.

Allegation against the applicant and other co-accused persons, in short, is that they used to harass the deceased and demand dowry due to which she had no option but to commit suicide.

Learned counsel for the applicant submits that the applicant, aged about 62 years, is mother-in-law of the deceased. The deceased has left behind three small children and there is no one to look after them. Omnibus allegations have been levelled against all the accused persons. Ingredients of S.107 of the IPC are not satisfied so as to constitute an offence under S.306, IPC. There is no allegation of harassment soon before death. Learned counsel has relied upon judgment of the Apex Court in the case of Amalendu Pal alias Jhantu Vs. State of West Bengal ((2010)1 SCC 707) in which it is held that mere harassment without any positive action on the part of accused proximate to the time of occurrence which led to suicide, would not amount to an offence under S.306, IPC. The main allegation is on Ashok, husband of the deceased. There is no material on record to indicate abetment by the applicant. With the aforesaid submissions, prayer for grant of anticipatory bail is made.

Per contra, learned counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the record.

Considering the facts and circumstances of the case and without commenting on merits thereof, the application is allowed. It is directed that in the event of arrest of applicant, she shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with a solvent surety in the like amount to the satisfaction of the Arresting Authority/Investigating Officer. The applicant shall also furnish a written undertaking that she will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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 in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

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.

If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court Certified copy/ e-copy as per rules/directions.