Madhya Pradesh High Court
Smt. Shashi Thakur vs The State Of M.P on 1 September, 2021
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1 MCRC-38465-2021
The High Court Of Madhya Pradesh
MCRC-38465-2021
(SMT. SHASHI THAKUR Vs THE STATE OF M.P)
2
Jabalpur, Dated : 01-09-2021
Heard through Video Conferencing.
Shri Amanulla Usmani, learned counsel for the applicant.
Shri Pradeep Dwivedi, learned Panel Lawyer for the respondent/State.
Shri Surya Kumar Patel, learned counsel for the objector. Case diary is available with the learned panel lawyer for the State.
With consent, heard finally.
This is the first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.578/2021 registered at Police Station, Panagar, District Jabalpur (M.P.) for the offence punishable under sections 498-A, 304-B and 34 of IPC and also under Section 3/4 of Dowry Prohibition Act.
Prosecution story, in brief, is that applicant along with other co- accused demanded dowry from the deceased and made cruelty with her due to which she died on 04.06.2021 by hanging under suspicious circumstances.
Learned counsel for the applicant submits that co-accused-Rohit is son of her sister who performed love marriage with the deceased and both were living with applicant. There were no complaints about demand of dowry or harassment prior to the incident. Financial status of family members of the deceased was not good as they do the work of maid servant of cleaning utensils in the houses, therefore prosecution story about demand of dowry from them is not believable. Omnibus allegation of demand of dowry has been made against the applicant. Applicant has falsely been implicated in the matter. Charge-sheet has been filed and she is in custody since 20.07.2021, trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Signature Not Learned counsel for respondent/State as well as learned counsel for SAN Verified Digitally signed by VINAY KUMAR BURMAN Date: 2021.09.02 10:49:38 IST 2 MCRC-38465-2021 objector have opposed the application and submitted that deceased died in suspicious circumstance within a year of her marriage. Prosecutrix's mother and other prosecution witnesses have specifically stated in their statement recorded during Marg Inquiry as well as during investigation under Section 161 of the Cr.P.C. that the applicant was harassing the deceased for dowry. Applicant was actually living with the deceased as her mother-in-law and the allegation alleged against her is of serious in nature, therefore, she is not entitled to be enlarged on bail.
Learned counsel for the objector has further submitted that prosecutrix died in suspicious circumstances and circumstance shows that she did not committed suicide but she was murdered.
After going through the FIR and statement of mother of the prosecutrix recorded during Marg Inquiry as well as during investigation under Section 161 of Cr.P.C. and also considering the facts and circumstances of the case, specially the fact that charge-sheet has been filed in the matter, without commenting anything on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, the application is allowed.
It is directed that the applicant is directed to be released on bail upon her furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by the Government with regard to COVID-19 before releasing the appellant.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.
Signature SAN Not Verified Digitally signed by VINAY KUMAR BURMAN Date: 2021.09.02 10:49:38 IST 3 MCRC-38465-2021 (SATYENDRA KUMAR SINGH) JUDGE vinay Signature SAN Not Verified Digitally signed by VINAY KUMAR BURMAN Date: 2021.09.02 10:49:38 IST