Rachna @ Laxmi Patel vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is the first application filed by applicant Rachna @ Laxmi Patel under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

The applicant is apprehending her arrest in connection with Crime No.661/2021 registered at Police Station Damoh Dehat, District Damoh for the offences punishable under Sections 306 and 34 of I.P.C.

As per prosecution case, complainant Krishna Kumar informed police authorities of P.S. Damoh Dehat, District Damoh stating therein that deceased Swati Patel consumed poisonous substance on 13.06.2021 and died. Thereafter Marg No.64/2021 u/s 174 of Cr.P.C. has been registered and statements of witnesses were recorded. During investigation, it was found that on 13.06.2021, some dispute arose between the deceased and the applicant and other co-accused persons regarding construction of wall in front of house of deceased and when she objected to the same, some hot exchange of words took place between the parties and, thereafter, she committed suicide by consuming poisonous substance. On the basis of aforesaid information, the offences under Sections 304 and 34 of I.P.C. have been registered vide Crime No.661/2021 with P.S. Damoh Dehat, District Damoh against the applicant and other co-accused persons.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Only on the basis of omnibus allegations, the applicant has been made an accused in the crime. It is further submitted that the ingredients under Section 107 of I.P.C. is not established and, therefore, the offence under Section 306 of I.P.C. is not made out against the applicant. The applicant is a permanent resident of District Damoh and she is ready and willing to cooperate with the investigation and there is no possibility of her absconding and tampering with the prosecution case. On these grounds, prayer is made to enlarge the applicant on anticipatory bail.

Learned Government Advocate on the other hand has vehemently opposed the bail application and prayed for its rejection.

Keeping in view the facts and circumstances of the case and on a perusal of the material available on record including the case diary, in the opinion of this Court, the applicant deserves to be released on bail.

Consequently, this first application for grant of anticipatory bail under Section 438 of the Cr.P.C. filed on behalf of the applicant is allowed.

It is directed that in the event of her arrest, the applicant be released on anticipatory bail on her furnishing a personal bond in the sum of Rs. 50,000/-(Rupees Fifty thousand only) with one solvent surety in the same amount to the satisfaction of the Arresting Officer for her appearance before the trial Court on all the dates. It is also directed that the applicant shall comply with the conditions enumerated in sub-Section (2) of Section 438 of the Cr.P.C.

The applicant shall appear before the concerned Investigating Officer as and when required and shall cooperate in the investigation of the matter.

Accordingly, the M.Cr.C. stands disposed of.

C.C. as per rules.