Shiva Dahiya vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant.

The applicant is in jail since 13/10/2020 in connection with Crime No.490/2020, registered at Police Station Hanumantal, District Jabalpur (M.P.) for

commission of offences punishable under Sections 467, 468, 420, 120-B and 471of IPC. After investigation, charge-sheet has been filed.

The case of the prosecution, in short, is that the vitim Gourishanker is a bachelor. He was in search of a girl for marriage. One girl, who was the

sister-in-law of co-accused Dinesh Kashyap agreed to solemnize the marriage with the victim Gourishaker but he was in need of a brahamin girl.

Thereafter, Bablu Yadav, Dinesh Kashyap and other co-accused cooked a conspiracy and made a forged Adhar-card of Deepika Raikwar

impersonating her as Anjali Dubey, who is the sister-in-law of the co-accused Dinesh Kashyap, with the help of the applicant Shiva Dahiya contacted

with the victim Gourishanker Tiwari and asked for money in lieu of arranging a girl for him for marriage. Victim Gourishanker Tiwari provided them

Rs.94,000/- for that marriage. Thereafter, they notarized the marriage contract and solemnized the marriage of the victim Gourishankar with that girl

in a temple and after settlement of the actual expenses distribute the money among themselves. Later on, the girl wanted to leave the company of

Gourishanker and tried to flee but she could not do so, thereafter, the brother-in-law of the girl lodged a missing report at Police Station Hanumantal.

During investigation, the facts came out that co-accused Dinesh Kashyap solemnized the marriage of her sister-in-law Deepika Raikwar showing her

as Anjali Dubey and prepared a forged Adhar-Card. Jeetu Soni, Dal Singh, Thakur and Bablu Yadav were the conspirators. They received

Rs.94,000/- from the victim Gourishanker for solemnizing the marriage and executed a notarized marriage contract.

Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the present case.

 It is further submitted by learned counsel for the applicant that the applicant is in jail since 13/10/2020 and trial will take considerable time for its

conclusion, therefore, it is prayed to enlarge the applicant on bail.

 On the other hand, learned Panel Lawyer for the respondent-State opposed the bail application.

Having heard both the counsel for the parties and considered the act of the applicant. It reveals that she did not receive a single penny in distribution

of money and she was not a conspirator. She was used as a mediator for contacting with the victim Gourishanker Tiwari, therefore, considering the

act of the applicant Shiva Dahiya, this Court is now inclined to release her on bail.

Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed.

 It is directed that applicant-Shiva Dahiya shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

Only) with one solvent surety in the like amount to the satisfaction of the trial Court for her appearance before that Court on all dates fixed in the case

and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the applicant.

Certified copy as per rules