Madhya Pradesh High Court
Gayatri @ Guddi Dagor vs The State Of Madhya Pradesh on 26 April, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
01
HIGH COURT OF MADHYA PRADESH
MCRC No. 20941 of 2022
(GAYATRI @ GUDDI DAGOR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated: 26.04.2022
Shri Prashant Sharma, learned counsel for the applicants.
Shri Anil Shukla, learned Public Prosecutor for the
respondent/State.
Shri Raghvendra Singh Parihar, learned counsel for the complainant.
This is the first bail application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail.
The applicants are apprehending their arrest in connection with Crime No.144/2022 registered at Police Station Madhoganj, District Gwalior (M.P.) for the offence punishable under Sections 306, 34 of IPC.
In brief case of the prosecution is that on 24.09.2021, Bhagwandas gave an information to Police Station Madhoganj District Gwalior that on 24.09.2021 in the morning at 8 am, he was doing the job of cleaning. His neighbour Munna informed that younger son Vikky committed suicide. He reached there. On his information merg No. 20/2021 was recorded. Dead body panchanama was prepared. Afterwards postmortem was conducted. As per postmortem, deceased died due to asphyxia. During merg inquiry statement of Smt. Manju Jadon, Kishore, Pankaj Jadon, Pramod Chouhan, Basu Bangde, Ranjeet, Pramod Kumar, Bhagwan Das and 02 Sonu Jadon were recorded. Suicide note was recovered from the pocket of deceased Vikky. The suicide note was addressed to one Mohd. Azhar, Judge. In suicide note he has written that he has been tortured by his in-laws that they will falsely implicate in dowry case despite his family members never demanded any dowry. His wife after taking gold and silver jewelries went to her parental house. He likes his mother father. On his death his wife is not permitted to visit last site. Take care of his family members. His in-laws should be punished.
Learned counsel for the applicant submits that the applicants are in-laws of the deceased. He further submitted that applicants are innocent. They have been falsely implicated in the case. Co-accused has been granted the benefit of bail vide order dated 19.04.2022 in M.Cr.C. No. 17549/2022. The applicants are aged about 50 and 59 years old. They are ready to abide by all the conditions as may be imposed by the Court. In such circumstances, learned counsel for applicants prays for grant of anticipatory bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
Both the Advocates are heard. Case diary perused. Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that in the event of arrest if applicants furnish bail bond of 03 Rs.25,000/- (Rupees Twenty Five Thousand only) each with one solvent surety each in the like amount to the satisfaction of the Arresting Authority/Investigating Officer, they should be released on bail.
They will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(Deepak Kumar Agarwal) Judge vv VALSALA VASUDEVAN 2022.04.26 18:22:49 +05'30'