Rajkumari Sikarwar vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

The first bail application has been filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant who is apprehending her arrest in connection with Crime No.59/2023 registered at Police Station- Bargawa, Dstrict Sheopur (M.P.) for the offence punishable under Sections 306 r/w 34 of IPC.

As per the case of prosecution, o n 09.05.2023 Ramveer Singh Tomar informed Police Station- Bargawa, District Sheopur that his daughter Rama wife of Jitendra Sikarwar has committed suicide around 7'O clock in the evening on 08.05.2023 at her home in village Partwada by hanging herself. Unnatural Death No.004/2023 was registered. During inquest proceeding, family members of Rama informed that Rajkumari mother-in-law, Lokendra brother-in-law (jeth), Pinky sister-in-law (jethani) of the deceased Rama used to harass her for demanding share in the family property. On 08.05.2023, Rama called her mother Guddi Bai that her husband manhandled her and her in-laws are abusing her. On such allegations, Police Station - Bargawa registered FIR in Crime No.59/2023 for offence punishable under Sections 306 r/w 34 of IPC. Statements of all the witness have been recorded and relevant recoveries have been made. Husband of the deceased Jitendra Sikarwar has been arrested.

Learned counsel for the applicant, submits that applicant is aged around 70 years, she is a homemaker. It is further submitted that even if the allegations made in the statement of witnesses are taken to be true, no case of abetment of suicide is made out against the applicant. There is no likelihood of her absconsion leaving behind her family and agriculture property. Investigation is almost complete, therefore, there is no likelihood of interfering in the investigation or tampering with the evidence. Jail incarceration would cause great hardship to the family of the applicant. Therefore, the applicant may be extended the benefit of anticipatory bail.

Per contra, learned counsel for the State opposes the bail application on the ground of gravity of offence, applicant may not be extended benefit of anticipatory bail.

Heard learned learned counsel for the parties and perused the case diary and documents.

Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court inclined to grant anticipatory bail to the applicant. Thus, the application is allowed.

Accordingly, it is directed that in the event of her arrest, applicant- Rajkumari Sikarwar shall be released on bail in relation to the Crime No.59/2023 registered at Police Station- Bargawa, Dstrict Sheopur (M.P.) for the offence punishable under Sections 306 r/w 34 of IPC., upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the officer making arrest, for compliance with the following conditions:

(1) Applicant shall make themselves available for investigation as may directed by the officer, in-charge of investigation;

(2) Applicant shall not commit or get involved in any offence of similar nature;

(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;

(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

(5) Upon submission of final report under Section 173 of Cr.P.C, the applicant shall furnish fresh personal bond and solvent surety of aforementioned amount to the satisfaction of the Trial Court, if so directed and thereafter, shall remain present on every date of hearing as may be directed by the concerned Court;

(6) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

C.C. as per rules.