Shivvati Yadav vs State Of Madhya Pradesh

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

Applicant apprehends arrest in connection with Crime No.600/2019 registered at Police Station- Civil Line, District-Vidisha for the offences punishable under Section 304-B read with 34 of IPC.

Allegations against the applicant are that she alongwith other co-accused persons was involved in subjecting the deceased to cruelty and harassment due to non-satisfaction of dowry demand and ultimately on 18/08/2019, the dead body of the deceased was found hanging in the matrimonial home under suspicious circumstances within four years of her marriage. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that the applicant who is sister-in-law of the deceased aged about 30 years, has been falsely implicated in this case and she is not concerned with the case directly and directly. It is also submitted by the learned counsel for the applicant that the applicant is living separately with her husband and she has never demanded the dowry. The applicant has two children and she is a reputed citizen of her locality. If the applicant is arrested, her entire social reputation would be ruined. The applicant is a permanent resident of District- Vidisha. There is no likelihood of her absconsion or tampering with the prosecution evidence, if she is extended the benefit of anticipatory bail. Co-accused- Ramkali has already been granted the benefit of anticipatory bail by this Court vide order dated 15/11/2019 passed in MCRC No.45934/2019. She is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, she prays for grant of anticipatory bail.

On the other hand, learned Panel Lawyer has opposed the bail application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

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.

It is hereby directed that in the event of arrest of applicant namely- Shivvati Yadav, she shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.

This order will remain operative subject to compliance of the following conditions by 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.

Till conclusion of the trial, the applicant shall appear and mark her attendance before the concerned Police Station once in every month, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

Certified copy as per rules.