Smt. Javitri vs State of Madhya Pradesh

Appearing counsel of parties heard on alleged first anticipatory bail application filed before this Court on behalf of the applicant under Section 438 of

Cr.P.C. in relation to Crime No.201/2018 registered at Police Station Sabalgarh, District Morena in reference to offences punishable under Sections

498-A, 294, 326, 323, 506/34 of the IPC and produced case diary is perused.

Applicant's anticipatory bail application filed under Section 438 of Cr.P.C. has already been dismissed by First Additional Sessions Judge, Sabalgarh,

District Morena vide order dated 15.05.2018, whose certified copy is annexed with the application under consideration.

It is contended by the appearing counsel for the applicant that she is apprehending her arrest in above-mentioned crime and she has been falsely

implicated in the crime though she was living separately from the complainant-Smt. Chhoti, who is wife of her son Girraj. It is further contended that

present applicant did not make any dowry demand and never committed any cruelty with the complainant and chimney had accidentally fallen on the

complainant and she received burn injuries, hence it is prayed that anticipatory bail be given to the present applicant.

Per contra, the above-mentioned prayer has been strongly opposed by learned Public Prosecutor on behalf of respondent/State on the grounds that

according to FIR lodged by the complainant-Smt. Chhoti, she was married with Girraj five years prior to the incident and after two years from her

marriage, her husband, father-in-law and mother-in-law (present applicant) were demanding a motorcycle in dowry and on 01.05.2018 after

complainant's verbal altercation with her husband, she was caught hold by complainant's father-in-law and mother-in-law (present applicant) and

thereafter kerosene was poured on the complainant and she was set to fire, hence, she received burn injuries on her back, right knee, left hand, left

elbow and her tongue. According to MLC report, burn injuries were found on body of the complainant-Smt. Chhoti. Hence, dismissal of anticipatory

bail application is prayed.

Considering the rival contentions raised on behalf of the counsel for the parties, without commenting on the merits of the case, applicant's case does

not appear fit for granting her benefit of anticipatory bail. Consequently, present applicant's anticipatory bail application is dismissed.

Case diary be returned.

Certified copy as per rules.