Shakuntala Kushwah vs State Of Madhya Pradesh

Anand Pathak, J

The applicant has filed this first bail application u/S.439, Cr.P.C. for grant of bail. The applicant has been arrested on 19/8/2022 by Police Station Pawai, District Bhind in connection with Crime No. 77/2022 registered in relation to the offences punishable under Sections 304-B, 306, 34 of IPC.

It is the submission of learned counsel for the applicant that applicant, a lady aged 50 years, is suffering confinement since 19/8/2022 on false pretext and no custodial interrogation is required. As per the contents of FIR itself, deceased left her matrimonial home and went to her maternal home 45 days prior to the date of committing suicide. In fact suicide has been committed by deceased in her maternal home only and same is indicative of fact that no immediate dowry harassment existed against applicant. Applicant is a lady, aged 50 years and has to run family and take care of 6 years old child who was from earlier wedlock of her son. Confinement amount to pretrial detention. Applicant is ready to cooperate in investigation and trial. On these grounds prayer for bail is made out.

Counsel for the State opposed the prayer and prayed for rejection of application.

Heard.

Perused the case diary.

Considering the submission specially the fact that applicant is a lady aged 50 years, without commenting on the merits of the case, this Court intends to allow the application in peculiar facts and circumstances. It is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of trial Court. 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 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 the trial Court/Investigating Officer, as the case may be.

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy as per rules.