Seema Lodhi vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is second application filed under Section 439 of Cr.P.C for grant of bail to the applicant as she has been arrested on 20.6.2023 in connection with Crime No.123/2023 registered at Police Station Mata Basaiya, District Morena for the offence punishable under Sections 304-B, 498-A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.

Applicant's first application filed under Section 439 of Cr.P.C. was dismissed as withdrawn vide order dated 21.8.2023 passed by this Court in M.Cr.C.No.36733/2023 with liberty to renew his prayer after filing of charge sheet.

Prosecution story, in brief is that applicant's son co-accused Pradeep was married to the deceased Shivani @ Suhani on 8.7.2022. After marriage, applicant and her son co-accused Pradeep along with other co-accused persons started demanding an amount of Rs.2,00,000/- along with motorcycle as dowry from the deceased and her parents and when their demands were not fulfilled, they made dowry demand cruelty with her due to which on 10.6.2023 she committed suicide by hanging.

Learned counsel for the applicant submits that after dismissal of applicant's first application, investigation has been completed and charge sheet has been filed. It is apparent from the merg statement of the deceased's mother and other relatives that applicant has falsely been implicated only because he is mother of co-accused Pradeep as omnibus allegations have been alleged against her. No specific act has been attributed to her. No one has stated in their statement recorded during investigation that the applicant ever demanded any dowry or harassed the deceased. She is a lady aged about 55 years. The applicant is in custody since 20.6.2023. The charge sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and prayed for its rejection.

Heard the learned counsel for both the parties.

Having considered the rival submission, material pointed out by the learned counsel for the applicant, statement of the prosecution witnesses recorded during merg as well as during investigation so also the nature of allegations alleged against the applicant and the fact that investigation has been completed and charge sheet has been filed, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for her appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.