Smt. Mathura Bai vs The State Of Madhya Pradesh on 7 February, 2020

[Cites 6, Cited by 4]

Madhya Pradesh High Court

Smt. Mathura Bai vs The State Of Madhya Pradesh on 7 February, 2020

This is second application under Section 438 of Cr.P.C. as the applicant apprehends her arrest in connection with Crime No.183/2019 registered at Police Station Magrone, district Damoh, M.P. for the offences punishable under Sections 304 (B), 498 (A), r/w Section 34 of IPC and Section 3/4 of Dowry Prohibition Act.

The first application, i,e. M.Cr.C. No.54876/2019 was dismissed as withdrawn with liberty to surrender before the court below and apply for regular bail, vide order dated 7.1.2020.

Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in the case. He is claiming that the applicant may be granted the benefit of anticipatory for the reason that other co- accused again whom the similar allegations have been levelled as has been made against the present applicant. He further submits that the father- in- law has also been enlarged the bail on an application filed under Section 438 of Cr.P.C. He submits that the not only this court but the trial court has also granted bail to other co-accused persons considering the order passed by this court in M.Cr.C. No. 73/2020, (Makhan Singh Lodhi Vs. State of M.P. ).

He further submits that there are omnibus allegations for demand of dowry. He submits that applicant is ready to cooperate in the investigation and trial. In the event of arrest, her reputation will be ruined, therefore, the applicant is also entitled to get the same treatment as has been granted to other co - accused. Under these circumstances, applicant prays for anticipatory bail.

Digitally signed by BASANT KUMAR SHRIVAS Date: 08/02/2020 16:12:57

2 MCRC-5468-2020 Learned counsel for the respondent - State submits that on earlier occasion, the application filed by the applicant was dismissed as withdrawn with liberty to surrender before the court below but that liberty has not been exercised.

However, in the mean time some other co- accused have been granted bail who have are facing the similar allegations, therefore, the applicant is also entitled to get the same benefit.

Considering the above, without expressing any view on the merit, this application under section 438 of the Cr.P.C. is allowed.

It is directed that in the event of arrest of applicant by the Police in the aforesaid crime, the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for her regular appearance before the Police during the investigation or before the Court during trial.

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

1. The applicant will comply with all the terms and conditions of the bond executed by her;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge herself 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;

4. The applicant shall not commit an offence similar to the offence of which she is accused;

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

6. The applicant will not leave India without previous permission of the Digitally signed by BASANT KUMAR SHRIVAS Date: 08/02/2020 16:12:57

3 MCRC-5468-2020 trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the concerned Station House Officer for compliance.

C.C. as per rules.

(SANJAY DWIVEDI) JUDGE bks Digitally signed by BASANT KUMAR SHRIVAS Date: 08/02/2020 16:12:57

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