Shaily Gupta vs State Of Madhya Pradesh

S. A. Dharmadhikari, J

Heard on IA No.31728/2021, an application under Section 301(2) of the Cr.P.C.

For the reasons stated in the application, the same is allowed and Shri Abhishek Parashar, learned counsel for the complainant and his associate is permitted to assist the prosecution.

Heard learned counsel for the parties.

Case diary perused.

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

Applicant apprehends her arrest in connection with Crime No.501/2021 registered at Police Station - Kampoo, District Gwalior for the offences punishable under Section 306 and 34 of IPC.

Allegation against the applicant and other co-accused persons, in short, is that they meted out the cruelty and harassment to the deceased, due to which he committed suicide. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant is the wife of the deceased. The marriage of the applicant was performed with the deceased in the year 2007. The ingredients of Section 107 of IPC are not available, therefore, offence under Section 306 of IPC is not made out against the present applicant. There is no allegation of instigation for harassment on the present applicant. The main cause of committing suicide is that the deceased was suffering from erectile dysfunction as well as he had taken huge loan to set up his hospital, which he could not repay in time. On perusal of the suicide note left behind the deceased, it can be seen that the allegations are on the co-accused Murari Lal Gupta and Neha Rusia and nothing has been said against the present applicant. The Apex Court in Special Leave to Appeal has granted interim bail to both the co-accused Murari Lal Gupta as well as Neha Rusia, who have crucial role in the offence. 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 Gwalior (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.

On the other hand, learned Panel Lawyer as well as learned counsel for the complainant vehemently opposed the application by contending that on the basis of the allegations and material available on record, no case for grant o f anticipatory bail is made out. Investigation is pending. Custodial interrogation may be required. On such ground, prayer for rejection of the bail application has been made.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

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 local solvent surety in the like amount to the satisfaction of Arresting Authority.

T h e applicant shall also furnish a written undertaking before the concerned court 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 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 tor to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

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.

A copy of this order be sent to the trial court concerned for compliance.

Certified copy as per rules.