Surender Kaur vs State Of Madhya Pradesh

This is the third bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.746/2018 under Section 498-A, 306 and 304-B/34 of IPC registered at Police Station - Bhanwarkuan, District-Indore and applicant is in custody since 01/11/2018. Earlier both the applications were dismissed by this Court.

According to the prosecution case, on 02/10/2018 a merg was registered at police station-Bhanwarkunwa in connection with death of Parvinder @ Parminder Kaur. During merg investigation, statements of the witnesses were recorded in which, it was alleged that marriage of deceased Parminder Kaur was solemnized on 27.12.2015 according to the custom. It is further alleged that, husband of the deceased was in love affair with one Divya and when Parvinder @ Parminder Kaur (deceased) came to know about this fact then she objected and tried to explain her husband and his family members. Due to which, the applicant and his family members kept harassing the deceased and due to which, Parvinder @ Parminder Kaur consumed sulphas and committed suicide.

It is submitted by the learned counsel for the applicant that co-accused person/Majinder Singh has been released on bail by this Court vide order dated 11/11/2019 passed in M.Cr.C. No.43444/2019 wherein similar kind of allegations were levelled. It is submitted that applicant is innocent and has falsely been implicated in the present case. There is no evidence against her. Conclude of trial is likely to take time. The applicant is permanent resident of District-Indore. There is no possibility of her absconding. She is ready to furnish adequate security. The accused is in custody since 01/11/2018. Investigation is over and charge-sheet has already been filed. Trial is likely to take time, therefore, he prays for release of the applicant on bail.

The learned Government Advocate has opposed the bail application.

In view of the aforesaid, the fact that she is lady, period of custody and other facts and circumstances of the case, I deem it proper to release the accused on bail. Therefore, without commenting on merits of the case, the bail application is allowed.

It is directed that the applicant be released from custody on her furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for her appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The applicant shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

(ii) The applicant shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The applicant shall not commit any offence or involve in any criminal activity;

(iv) In case of her involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.