Madhya Pradesh High Court
Smt.Mamta vs The State Of Madhya Pradesh on 13 October, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
-1- MCRC No.39438/2020
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
MCRC NO.39438/2020
Smt.Mamta w/o Gajendra Singh vs. State of M.P
13.10.2020: (INDORE):
Shri Jitendra Shejwar, learned counsel for the
applicant.
Ms.Anushree Kaushik, learned Panel Lawyer for the
respondent/State.
Heard learned counsel for the parties through video conferencing.
This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.321/2020 registered at police station Pachor, district Rajgarh for the offence punishable under sections 420, 495, 496 & 34 of the IPC.
As per prosecution story one Motilal lodged a complaint that the present applicant, her husband Gajendra, Sadhana and Sachin, In-charge of Perfect Match Marriage Bureau, Mhow Naka, Indore took Rs.2,60,000/- from him by way of cheating. They got introduced Motilal with Sadhana for the marriage purpose. The marriage was solemnized on 22.06.2020 in Arya Samaj. After fourth day of the marriage complainant came to know that Sadhana was already married with Sanjay and has one child out of that wedlock. After disclosing the aforesaid fact Sadhana ran away from his house along with some jewellery belonging to the mother of -2- MCRC No.39438/2020 the complainant. On the basis of the complaint police registered a case under sections 420, 495, 496 & 34 of the IPC against all the four accused and arrested all of them. As per the material evidence collected by the police and the statement of the present applicant Rs.40,000/- & Rs.60,000/- were paid to her by way of cheque by the complainant and Rs.1,40,000/- was paid to Sachin, Incharge of the marriage bureau.
Learned counsel for the applicant submits that applicant is a lady aged 31 years who has no criminal antecedents. Accused Sadhana is not her real sister. Her husband is already in custody along with Sadhana and Sachin. There is no one in the family to look after her children. She is in custody since 23.08.2020, hence prays for release of the applicant on bail.
Learned Panel Lawyer opposes the bail application. I have perused the case diary.
Considering the facts and circumstances of the case, without commenting on the merit of the case, the application is allowed with conditions. The applicant is directed to be released on bail subject to her depositing Rs.50,000/- (rupees fifty thousand) before the trial Court and 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 regular appearance before the trial Court during trial with a condition that she shall remain present before the Court concerned during trial -3- MCRC No.39438/2020 and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. The trial Court is directed to keep the amount so deposited by the applicant in fix deposit and the same shall be disbursed after conclusion of the trial.
Before releasing the applicant from the custody the jail authorities are directed to medically examine her in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.
(VIVEK RUSIA)
JUDGE
Digitally signed by Hari Kumar
Nair
hk/ Date: 2020.10.13 17:08:48 +05'30'