Madhya Pradesh High Court
Rachna Ahirwar vs The State Of Madhya Pradesh on 26 March, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 THE HIGH COURT OF MADHYA PRADESH MCRC-15258-2021 Rachna Ahirwar Vs. State of MP Gwalior, Dated : 26.03.2021 Ms. Sangeeta Pachauri, Counsel for the applicant. Ms. Uma Kushwah, Panel Lawyer for the State. Case Diary is available.
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 08.02.2021 in connection with Crime No.385/2020 registered by Police Station Civil Lines District Datia for offence punishable under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act.
It is submitted by the counsel for the applicant that according to the prosecution case, the deceased committed suicide leaving behind a two month old infant baby. The allegations, which have been levelled against the applicant, are that the applicant, who is sister-in- law (Jethani) of the deceased, was harassing her and the deceased was also making complaint to her parents that the applicant has some relationship with the husband of the deceased. It is submitted that the allegations are false. It is true that any lady would not commit suicide after leaving her two month's old infant baby, but because of hormonal changes, sometimes a woman may commit suicide after delivery of a baby. It is further submitted that in the light of the judgment passed by the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, the petitioner is 2 THE HIGH COURT OF MADHYA PRADESH MCRC-15258-2021 Rachna Ahirwar Vs. State of MP entitled to be released on bail. It is further submitted that the applicant has minor children, who are also in jail along with the applicant and the police after concluding the investigation, has filed the charge-sheet.
Per contra, the application is opposed by the counsel for the State. It is submitted that the allegations against the applicant are that she was having some relationship with the husband of the deceased and on that account, it was alleged that the applicant as well as the husband of the deceased were harassing the deceased and were making a demand of LCD TV, Gold Chain, Ring, Motorcycle and Cash Amount. So far as the law laid down by the Supreme Court in the case of Arnesh Kumar (supra) is concerned, it is submitted that since the maximum sentence for offence under Section 304-B of IPC is life imprisonment, therefore, the observations made by the Supreme Court in the case of Arnesh Kumar (supra) would not be applicable.
Considering the submissions made by the counsel for the parties as well as looking to the allegations made against the applicant, this Court is of the considered opinion that it is not a fit case for grant of bail.
The application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.03.27 13:57:52 +05'30'