Ramrati Bai vs State Of Madhya Pradesh

This is first application under Section 438 of the Code of Criminal Procedure.

The applicant apprehends her arrest in connection with Crime No.61/2019 registered at Police Station -Unarsikala, District- Vidisha for the offences punishable under Sections 306, 201 and 34 of IPC.

Applicant is alleged with abetting to commit suicide to the deceased.

Learned counsel for the applicant submits that the applicant who is the mother-in-law of the deceased and she has been falsely implicated in the case. It is also submitted by the learned counsel for the applicant that in dying declaration recorded by Executive Magistrate, the deceased herself stated that the incident occurred on account of fall of chimney on her which cannot be said to be the act of abetment. Only omnibus allegations have been levelled against the applicant and other co-accused. The applicant is a permanent resident of District Vidisha and there is no likelihood of her absconsion or tampering with the prosecution evidence. With the aforesaid submissions, prayer for grant of anticipatory bail is made.

In response, learned Public Prosecutor has opposed the bail application and prays for its rejection.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.

It is hereby directed that in the event of arrest of applicant namely- Ramrati Bai, she shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.

This order will remain operative subject to compliance of the following conditions by 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 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 the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.