Sukhdevi And Ors vs State Of Madhya Pradesh

IA.640/2020 an application preferred under Section 301(2) of Cr.P.C. is taken up, considered and allowed for the reasons mentioned therein.

Learned counsel Shri Vineet Sharma and associates are permitted to assist the public Prosecutor.

Case Diary is perused.

Learned counsel for the rival parties are heard.

This is first application u/S.438 Cr.P.C. for grant of anticipatory bail by the petitioners.

Petitioners apprehend arrest in connection with offences punishable u/Ss. 304B, 498-A, 34 IPC and Sec.3/4 of the Dowry Prohibition Act registered as Crime No.534/2019 by Police Station Karera, District Shivpuri (M.P.).

Learned Public Prosecutor for the State opposed the 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.

The petitioner No.1 being mother-in-law (Saas) and petitioner No.2 father-in-law (Sasur) of the deceased are alleged with dowry demand related cruelty which led to death of deceased due to hanging on 08/11/2019.

Marriage took place on 09/03/2016 as against the date of incident being 08/11/2019.

Reading of statements recorded u/S.161 Cr.P.C. reveals omnibus allegations against the petitioners with no specific allegation of dowry demand related cruelty inflicted soon before her death.

In view of above and considering the fact that petitioner No.1 being a woman aged about 50 years may not be able to bear the rigors of incarceration and the material placed on record does not disclose the possibility of petitioners fleeing from justice, this Court is inclined to extend the benefit of bail to the petitioners but with certain stringent conditions looking to the nature of offence.

Accordingly, without expressing any opinion on merits of the case, I deem fit appropriate to allow this application u/S. 438 of Cr.P.C. in the following terms.

It is hereby directed that in the event of arrest, the petitioners shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the Arresting Authority.

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

The petitioners will comply with all the terms and conditions of the bond executed by them;

The petitioners will cooperate in the investigation/trial, as the case may be;

The petitioners will not indulge themselves 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 petitioners shall not commit an offence similar to the offence of which they are accused;

The petitioners will not seek unnecessary adjournments during the trial;

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

Only petitioner No.2 (Daryaab Singh) shall mark his presence before the police station concerned firstly on 27.01.2020 and thereafter once every week till conclusion of investigation.

For the time being this case stands disposed of.