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Madhya Pradesh High Court

Archana Saket vs The State Of Madhya Pradesh on 21 April, 2023

Author: Nandita Dubey

Bench: Nandita Dubey

                                                             1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                        HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                 ON THE 21 st OF APRIL, 2023
                                           MISC. CRIMINAL CASE No. 59696 of 2022

                          BETWEEN:-
                          ARCHANA SAKET W/O LATE SHRI RAJU SAKET, AGED
                          ABOUT 25 YEARS, OCCUPATION: HOUSE WIFE, R/O
                          VILLAGE AJGARAHA TOLLA, P.S. VISHWAVIDYALAYA,
                          DISTRICT REWA (MADHYA PRADESH)

                                                                                            .....APPLICANT
                          (BY SHRI NEERAJ SINGH CHAUHAN - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION   VISHWAVIDYALAYA, DISTRICT  REWA
                          (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI GEETESH SINGH THAKUR - GOVERNMENT ADVOCATE)

                                This application coming on for admission this day, the Court passed
                          the following:
                                                              ORDER

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to FIR No.284/2022 dated (not mentioned) registered at Police Station Vishwavidyalay, District Rewa (M.P.) for the offence punishable under Section 302, 201, 120-B of IPC. The applicant is in custody since 09/08/2022.

As per the prosecution, one Raju Saket (deceased husband of the present applicant) died on 12/08/2021. During the investigation, it was found that the deceased has consumed poison. The same has also reported in the FSL report.

The allegation against the present applicant is that she was having a love affair with the co-accused and to remove the deceased from their life, the present applicant has given the poison to her late husband.

Learned counsel for the applicant submits that the incident has happened in the month of August, 2021, however, the complaint was registered in this regard in the month of February, 2022. It is stated that just because the applicant has remarried, the in-laws has filed a false complaint against her.

Learned counsel for the State on the other hand has vehemently opposed the bail application. It is pointed out that from the mobile call details, it has been found during investigation that the applicant was in contact with the co-

accused 76 times within a period of 2 days before and after the incident. It is further stated that after 8 months after the incident, the applicant has married to co-accused which shows that they were known to each other and having a love affair. He further pointed out that the FSL report has come positive which shows that the deceased died due to consumption of Aluminum Phosphide.

Considering the fact that the applicant is the wife of the deceased and was living with him and the deceased died in the night of 12/08/2021 after having dinner with the present applicant, prima facie, shows the involvement of the applicant in the incident, under the circumstances, I find no ground to grant bail to the applicant.

Accordingly, the M.Cr.C. stands dismissed.

(NANDITA DUBEY) JUDGE sjk Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 4/21/2023 6:19:35 PM