Rajkumari vs State Of M.P

S.A.Dharmadhikari, J

I.A. No.16699/2021, an application for urgent hearing is considered and allowed.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this third application u/S. 439 Cr.P.C. for grant of bail. First and second bail applications were dismissed as withdrawn vide

orders dt.10.03.2021 & 07.04.2021 passed in M.Cr.C. No.11611/2021 & M.Cr.C. No.18339/2021 respectively.

The applicant has been arrested by Police Station- Pohari, District- Shivpuri (M.P.) in connection with Crime No.29/2021 registered in relation to the

offence punishable under Sections 304-B, 306 and 34 of IPC.

Allegation against the applicant, in short, is that the applicant who is the mother-in-law of the deceased alongwith other co-accused persons was

involved in subjecting cruelty and harassment to the deceased due to non-satisfaction of demand of one four wheeler car in dowry and, ultimately, on

20.01.2021, the deceased committed suicide by hanging herself in her matrimonial home within seven years of her marriage and dead body of the

deceased was found under suspicious circumstances. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased and is aged 62 years has been falsely implicated in the

case. She is in custody since 23.02.2021. Charge sheet has been filed and therefore, no further custodial interrogation is required. Omnibus allegations

have been levelled against the applicant and there is no evidence of cruelty soon before her death relating to demand of dowry. The applicant never

instigated the deceased to commit suicide, therefore, offence under Section 306 of IPC is not made out against the applicant. Looking to the

prosecution version, ingredients of Section 107 of IPC are not attracted to the fact situation in hand. It is further submitted that Division Bench of this

Court at Principal Seat, Jabalpur has laid down certain guidelines in respect of release of pre-trial prisoners. The applicant being a lady, is entitled to

the benefit of the same. It is further submitted that co-accused Gajraj Singh has already been enlarged on bail vide order dated 30.04.2021 passed in

M.Cr.C. No.19529/2021. Disposal of the matter will take long time. It is further submitted that trial is held up due to COVID-19 and the applicant

cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID-19,

detention of the applicant in already congested prison may be detrimental. The applicant is a permanent resident of District Shivpuri (M.P.) and there

is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be

imposed by this Court. Under these grounds, applicant prays for grant of bail.

Learned Public Prosecutor for the State opposed the application by contending that on the basis of the allegations and the material available on record,

no case for grant of bail is made out. He further pointed out that according to the charge-sheet offence under Sections 306 and 34 of IPC has been

registered, whereas no offence under Section 304-B of IPC has been registered against the applicant. On all such grounds, he prays for rejection of

bail application.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-

trial detention being an anathema to the concept of liberty so also considering the fact that in view of second wave of COVID-19 pandemic and with a

need to decongest the jail, which are the potential hot spots for spread of infection, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely â€" Smt.

Rajkumari be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety of the like

amount to the satisfaction of the trial Court/committal Court for her appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court 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 herself 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 shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled

automatically without further reference to the Bench.

The applicant will not seek unnecessary adjournments during the trial; and

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

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.