Rashmi Lodhi vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

This is the first application under Section 438 of the Code of Criminal Procedure filed for grant of anticipatory bail.

Applicant apprehends arrest in connection with Crime No.242/2021 registered at Police Station Pichhore, District Shivpuri (M.P.) for the offences

punishable under Sections 304-B, 498-A and 34 of IPC and Section 3/4 of Dowry Prohibition Act.

The allegation against the applicant, in short, is that applicant alongwith other co-accused persons was involved in subjecting the deceased with cruelty

due to non-satisfaction of demand of dowry of Rs.One Lakh and one motorcycle and ultimately on 17.04.2021 the deceased consumed poison due to

which she died in her matrimonial home after seven years of her marriage. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant is lady aged about 31 years and has been falsely implicated in the case. She is sister-in-law of

the deceased. She alongwith her husband has been residing separately after their marriage. The applicant is having two children; one is four years' old

and second is one year's old and if she is arrested, there is no one to look after her children. Counsel for the applicant submits that in view of COVID-

19 outbreak, detention of applicant in already congested prisons may be detrimental. The applicant is ready to cooperate in the investigation. She is

permanent resident of District Shivpuri (M.P.). There is no likelihood of applicant's absconsion or tampering with the prosecution evidence if she is

released on anticipatory bail. She is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions prayer for grant of

anticipatory bail is made.

In response, learned Additional Advocate General appearing for the respondent/State has opposed the anticipatory bail application. It is also submitted

that the investigation is pending and custodial interrogation of the applicant is required. On such grounds, he prays for rejection of the application.

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.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicant, 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 the Arresting Authority.

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.