Somwati vs State Of Madhya Pradesh

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

This is repeat application, under section 438 of the Cr.P.C., for grant of anticipatory bail. The first one was dismissed as withdrawn vide order dated 22/7/2020 passed in M.Cr.C. No. 22457/2020.

Applicant apprehends arrest in connection with Crime No.174/2020 registered at Police Station Karera, District Shivpuri for the offences punishable under Sections 304B, 498A, 34 of the IPC and 3/4 of the Dowry Prohibition Act.

Allegation against the applicant, who is sister-in-law of the deceased, in short is that she along with co-accused persons was involved in subjecting Laxmi Kushwah to cruelty and harassment due to non satisfaction of demand for Rs. Two lacs in dowry and, ultimately, on 24/3/2020, dead body of Laxmi was found hanging in her matrimonial home under suspicious circumstances within seven years of hear marriage.

Learned counsel for the applicant submits that applicant, a lady aged about 38 years, has been falsely implicated in the case. Omnibus allegations have been levelled with regard to demand of dowry. She is married and has been living separately i.e. about 20 kms. away from the house of the deceased. She is also having three kids and there is no one to look after them. There is no likelihood of her absconsion or tampering with the prosecution evidence and she is ready and willing to abide by the terms ad conditions as may be imposed by this Court. With the aforesaid submissions prayer for grant of anticipatory bail is made.

On the other hand, learned counsel for the State opposed the prayer for grant of anticipatory bail.

At this stage, applicant volunteered to deposit an amount of Rs.2,000/-(Rupees Two Thousand Only) in the account of the High Court Bar Association, Gwalior.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

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.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of the applicant namely Somwati, she shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of Arresting Authority. The applicant shall also furnish a written undertaking that she will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

It is made clear that benefit of anticipatory bail shall be extended to the applicant only on depositing an amount of Rs.2,000/-(Rupees Two Thousand Only) with High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the Courts owing to ongoing COVID-19 pandemic. The applicant shall submit an attested copy of its receipt before the Principal Registrar of this Court for keeping the same on record of the case. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant shall install Aarogya Setu App (if not already installed) in her mobile phone.

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 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 will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.

Learned counsel for the State is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

Certified copy/e-copy as per rules/directions.