Madhya Pradesh High Court
Sunita @ Kunti Jaiswal vs State Of Mp on 17 January, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
The High Court Of Madhya Pradesh
MCRC No. 63693 of 2021
(SUNITA @ KUNTI JAISWAL Vs STATE OF MP)
Jabalpur, Dated : 17-01-2022
Heard through Video Conferencing.
Shri Ravindra Pratap Singh, learned counsel for the applicant.
Shri Anshul Mishra, learned Panel Lawyer for the
respondent/State.
This is first bail application filed under Section 439 of the Code o f Criminal Procedure, 1973 (for brevity "Cr.P.C") on behalf of applicant, who is in custody since 05.11.2021 in connection with Crime No.593/2021 registered at Police Station Bargawan, District Singrauli for the offence under Sections 498-A, 304-B/34 of IPC and Section 3/4 of Dowry Prohibition Act.
It is submitted that in fact on 10.10.2021 deceased Sangita had gone to the well to fetch water and when she slipped and fell in the well, her husband who was sitting close by and jumped to the well to save her but she could not be saved due to deep water and Marg No.93/2021 was registered. It is submitted that it is a case of accidental drowning which has been converted into dowry death. In fact, vide allegations made against the present applicant and co- accused, she is innocent, she has no contribution or role in the accident which took place on the faithful date. There is no history of any report or any complaint in regard to demand of dowry and with a view to extract benefit out of an accident. False report has been registered. Trial will take time to conclude, hence prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the non-applicant/State in his turn Signature Not Verified SAN opposes the prayer for grant of bail and submits that this is not a case Digitally signed by SHUBHAM THAKKER Date: 2022.01.18 12:07:36 IST 2 of accident pertains to demand of dowry and prayed for rejection of bail.
Aft er hearing learned counsel for the parties and without commenting anything on the merits of the case so also keeping in view the fact that the investigation is complete, charge sheet has been filed and trial will take time for its conclusion, this application is allowed.
It is directed that applicant Sunita @ Kunti Jaiswal shall be released on bail on her furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court. The applicant shall abide by the conditions as enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE Shub Signature Not Verified SAN Digitally signed by SHUBHAM THAKKER Date: 2022.01.18 12:07:36 IST