Vinita Bai vs State Of M.P

S.A.Dharmadhikari, J

This is the first application under Section 438 of the Code of Criminal Procedure filed by the applicant for grant of anticipatory bail.

Applicant apprehends arrest in connection with Crime No.312/2020 registered at Police Station Arakshi Kendra, Gyaraspur, District Vidisha for the

offences punishable under Sections 498A/34 of IPC.

Allegation against the applicant, in short, is that the present applicant alongwith other co-accused persons was involved in subjecting the deceased to

cruelty and harassment due to non satisfaction of demand of dowry and ultimately on 15.11.2020 deceased died due to burn injuries within one year

and four months of the marriage. On the basis of the aforesaid, crime has been registered.

Learned Counsel for the applicant submits that the applicant is lady and aged about 57 years and mother-in-law of the deceased. She has been falsely

implicated in the matter. There is no allegation of dowry death. Even in the dying declaration, the deceased has not stated anything about demand of

dowry, nor she had stated that the present applicant is involved in the case. Learned counsel further submitted that in view of COVID-19 outbreak,

detention of applicant in already congested prisons may be detrimental. Applicant is ready to cooperate in the investigation. Earlier co-accused

Ku.Aarti has been extended benefit of anticipatory bail vide order dated 24/02/2021 passed in M.Cr.C No.8162/2021. She is permanent resident of

District Vidisha and there is no likelihood of absconsion or tampering with the prosecution evidence. With the aforesaid submissions, prayer for grant

of anticipatory bail is made.

In response, learned Panel Lawyer has opposed the anticipatory bail application and prayed for its rejection.

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 applicant, she shall be released on bail on furnishing a

personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the 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, hygine

etc. to avoid proliferation of Corona virus.

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;

3.The applicant will not indulge herself in extending inducement, threat o r 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 Office, as the case may be;

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

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

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

A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.