Sapna vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is the first bail application filed by the applicant under Section 482 of the BNSS for grant of anticipatory bail relating to Crime No.204/2025 registered at Police Station - Dabra Dehat, District - Gwalior (M.P.) for the offence under Sections 108, 85, 3(5) of BNS.

The case of the prosecution, in short, is that the complainant made a complaint that on 07.02.2025 at about 4 PM he received a phone call from his brother in law(jijaji) that his sister has committed suicide by hanging. Thereafter a marg was registered bearing no 05/2025 under section 194 of BNSS. During the investigation of marg the statement of his family members were recorded and in those statement it reveled that the husband, and other co-accused persons used to mentally and physically harass the deceased for demand of Rs.5 lakh, hence, being harassed the deceased committed suicide. Thus after investigation, FIR was registered against the applicant and other accused persons at police station Dabra Dehat.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. The applicant is sister-in-law of the deceased and she was married in the year 2015 even before the marriage of the deceased and since then has been residing separately from the deceased. It is further argued that the applicant has not committed any offence. It is further submitted that the applicant has not instigated the deceased to commit suicide. There are omnibus allegations against the present applicant and other co-accused. Applicant is the permanent resident of District - Datia (M.P.) and there is no possibility of her absconsion or tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicant.

Per contra, learned counsel for the State as well as the learned counsel for the complainant have opposed the bail application and prayed for its dismissal.

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

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this anticipatory bail application is allowed and it is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent each in the like amount to the satisfaction of the Arresting Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by her:

ii) The applicant will cooperate in the investigation/trial, as the case may be;

iii) 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;

iv) The applicant will not commit any other offence or will not repeat the offence in future. In case, if they are found involving in offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

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

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

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

Certified copy as per rules.