Smt. Neetu Sharma @ Smt. Neetu Upadhyay vs State of M.P.

Sushil Kumar Palo, J.—Heard.

Shri Ankit Saxena, Advocate, has filed an application I.A. No. 4076/14 on behalf of the complainant Brajmohan Kishore Sharma and seeks permission to assist the learned Public Prosecutor.

Application I.A. No. 4076/2014 is allowed.

Applicant has filed an application u/s 439 of Cr.P.C. before 7th A.S.J., Gwalior which was rejected on 6.5.2014.

The present applicant Neetu Sharma has filed this first application u/s 439 of the Cr.P.C. for grant of bail before this Court.

Crime No. 253/14 is registered at Police Station Thatipur District Gwalior (M.P.) for the offences punishable under Sections 498-A, 201/34 of IPC and u/s 3/4 of Dowry Prohibition Act against the applicant and other accused persons on the ground that deceased Sudha Sharma was married to Anurag Sharma on 7.3.2014. Rakesh and Rajesh are brother-in-law of the deceased. Ramavatar is father-in-law of the deceased and Reshamdevi is mother-in-law of the deceased. Applicant Neetu, is sister-in-law (Nanand) of the M.Cr.C. No. 4089/2014 (Smt. Neetu Sharma @ Smt. Neetu Upadhyay Vs. State of M.P.) 2 deceased.

It is alleged that, one Bolero vehicle and Rs. 4,00,000/- were demanded from the deceased as dowry. The deceased was being harassed and was subjected to cruelty. On 29.4.2014, there was a marriage ceremony. Deceased went to her-in-laws place. She narrated to Rama (Bhabhi of the deceased) about demand of Bulero vehicle and Rs. 4,00,000/-. Rama consoled her that she will speak to her in-laws after the marriage ceremony. On 2.5.2014, at about 4 P.M., brother-in-law of the deceased Sudha informed the parents of the deceased that Sudha has met with an accident and has been hospitalized. They went to the hospital and found her in a stretcher. Written report was lodged at Thatipur Police Station. On the basis of which, the crime was registered.

On behalf of the applicant it is submitted that applicant is the sister-in-law (Nanand) of the deceased. She was married to one Anand Upadhyay and residing at Jalgaon, Maharashtra. According to the applicant she had come to attend the marriage ceremony of the relatives. Suddenly, the incident took place. Applicant''s counsel also submits that she is having son aged one and a half years and is living in different place i.e. Jalgaon. Therefore, the question of harassing the deceased is impractical. 12 persons were implicated in this case. Applicant is 30 years old lady, therefore, she may be granted bail.

On behalf of the complainant, the application is opposed on the ground that it is the deliberate act of the accused persons. The applicant has been charged under Sections 304-B of IPC. There is a presumption against the applicant. It is alleged that all the other accused persons are yet to be arrested. Therefore, the application for bail be rejected.

On behalf of the State, the application is opposed.

The applicant has submitted a copy of "Aadhar Card" in which the address of the applicant is Plot No. 17, M.J. College, Ramdas Colony, Jalgaon. The applicant''s husband has been residing at Nahata, Bhusawal and was served in Director in Physical Education at Nahata Arts, Science and Commerce College. In support of the application a railway ticket PNR No. 832-3709696 dated 28.4.2014 has been enclosed.

Keeping in view the circumstances of the case, without commenting anything on the merits of the case, the applicant is having one and a half years old son, she is a lady of 30 years, the application is allowed and it is directed that the applicant be released on bail on her furnishing a personal bond in a sum of Rs. 40,000/- (Rs. Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial.

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 themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade 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 they are accused;

The applicant will not seek unnecessary adjournments during the trial; and

In case of any breach of any of the conditions above the learned Trial Court would be at liberty to reconsider on the question of bail.

Certified copy as per rules.