Sheela Devi vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Heard with the aid of case diary.

This is first application filed under Section 438 Cr.P.C seeking anticipatory bail, as the applicant is apprehending her arrest in connection with Crime No.105/2023 registered at Police Station Ater, District Bhind for the offence punishable under Sections 304B, 498-A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.

Prosecution case in brief is that the applicant's son co-accused Dharmvir was married to the deceased Poonam on 18.4.2018. After marriage, applicant along with her husband co-accused Surendra Singh Baghel and son co-accused Dharmvir demanded a bullet motorcycle from the deceased and harassed the deceased physically and mentally due to which on 3.7.2023 she committed suicide by hanging.

Learned counsel for the applicant submits that prior to the date of incident i.e. 3.7.2023 there was no complaint with regard to demand of dowry or dowry demand cruelty against the applicant. After about 04 days of the incident on 7.7.2023, first time deceased's father in his merg statement made allegations against the applicant that she along with other co-accused persons demanded bullet motorcycle from the deceased's parents and for that she harassed the deceased physiclaly and mentally and dowry demand cruelty. He further submits that it is apparent from the statement of the deceased's father that the allegation with regard to demand of bullet motorcycle was made only by the husband of the deceased i.e. co-accused Dharmvir. It has no where mentioned in the statement of the deceased's father that the applicant demanded any dowry from the deceased. Omnibus allegations have been alleged against her. No offence is made out against the applicant. Her custodial interrogation is not required. She is a lady aged about 46 years. Trial will certainly take time to conclude therefore, under such circumstances, applicant is entitled for grant of anticipatory bail.

Learned Additional Advocate General for the State has vehemently opposed the prayer and submits that specific allegations have been alleged against the applicant, therefore, the applicant is not entitled to be enlarged on anticipatory bail.

Having considered the rival submissions, material pointed out by learned counsel for the applicant, statement of the deceased's father recorded during merg enquiry so also the nature of allegations alleged against the applicant and also considering over all facts and circumstances of the case, without commenting on the merits of the case, the application is allowed.

It is directed that in the event of arrest of the applicant, she shall be released on bail upon her furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting Officer for her appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

M.Cr.C. stands disposed of, accordingly.

Certified copy, as per Rules.