Shaish Kumari Yadav vs State Of M.P.

The applicant has filed this second bail application u/S.438 of Cr.P.C for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.172/2019 registered at Police Station Indar, District Shivpuri(M.P.) in relation to the offence punishable under Sections 304-B, 34 498-A of IPC and ¾ of D.P.Act.

It is submitted by learned counsel for the applicant- Shaish Kumari Yaddav that it is second application under section 438 of Cr.P.C.. The earlier application was dismissed on merit on 7.2.2020. the present applicant is sister-in-law (jithani) of the deceased. Now the trial Court has granted bail under section 439 of Cr.P.C. To husband of the deceased and this Court has granted anticipatory bail to the father-in-law of the deceased by order dated 8.9.2020 in M.Cr.C. No. 32655/2020 (Khagendra Singh Yadav Vs. State of MP). It is further submitted that now investigation is complete and charge sheet has been filed and the trial will take its own time to conclude. As the applicant is living separately and looking to the aforesaid changed circumstances of the case as well as on the basis of parity prayed for grant of anticipatory bail.

Learned counsel for the State has vehemently opposed the submissions and has submitted that earlier anticipatory bail has been dismissed on merit, thereafter the applicant is still absconding. Therefore, no case is made out for considering the second bail application under section 438 of Cr.P.C. Hence, prays to reject the bail application of the applicant.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.

Considering the facts and circumstances of the case and the on the basis of changed circumstances, in the interest of justice, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer.

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 him;

The applicant shall make himself available for interrogation by a police officer as and when required.

He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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 trial Court/ Investigating Officer, as the case may be.

E-copy of this order be sent to the Court concerned for compliance as well as e-copy of the order be given to the learned State counsel with a direction to keep the same in the concerned case diary.

Certified copy/ e-copy as per rules/directions.