Madhya Pradesh High Court
Vidhyadevi vs The State Of Madhya Pradesh on 30 December, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC. 63790/2021 The High Court of Madhya Pradesh MISC. CRI. CASE No. 63790/2021 (Vidhyadevi and Another vs. State of MP) Gwalior dated 30.12.2021 Shri Prashant Sharma, learned counsel for the applicants. Shri Rajiv Upadhyay, learned Public Prosecutor for the State. Shri Raghuvir Singh, learned counsel for the complainant. This is first bail application under Section 438 Cr.P.C. The applicants are seeking protection against arrest in connection with Crime No.727/2021 registered at P.S., Ambah, District Morena for the offence punishable under Sections 498-A, 304-B, 34 of IPC and Sections 3 & 4 of the Dowry Prohibition Act.
As per prosecution story, deceased Shivani married to co- accused Atul on 6.2.2018 committed suicide on 18.5.2021 hanging by noose at her parents house. She left behind the suicide note making acquisitions against the applicants and other family members of mental harassment and physical assault etc. Accordingly, the case has been registered against the applicants.
Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the offence. Applicants have no criminal antecedents. Investigation is complete. They are not required for custodial investigation. Even on merits, it is submitted that the deceased after her marriage has been living in her parents place at Ambah Morena, where she committed suicide. As such there is no proximity of the applicants with the deceased in any manner whatsoever. Their name in the suicide note is of the nature of the omnibus allegation which has no substantial basis. It is submitted that infact the deceased and her husband have not been maintaining good relations therefore, the husband had filed a suit for divorce under section 13 of Hindu Marriage Act on the ground of adultery etc. and 2 MCRC. 63790/2021 thereafter both of them filed an application for seeking consent decree of divorce by filing a joint application under section 13B of Hindu Marriage Act. The husband has also agreed to pay Rs.14 Lakhs in lump-sum to the deceased towards full and final settlement. It is further submitted that if the applicants are not protected, they shall suffer social indignation and mental torture.
Per contra learned counsel for State as well as learned counsel appearing for the complainant oppose the bail application supporting the order impugned relying heavily upon the alleged suicide note left behind by the deceased where the name of the applicants is mentioned, but with no specific act or overtact attributed to them. There is also no dispute that deceased has been staying in her parents house since 2018 and did not live with her husband. He also fairly submits that there are no criminal antecedents and investigation is complete.
Upon hearing learned counsel for the parties, this Court though refrains from commenting upon the rival contentions advanced, touching merits of the case, however, regard being had to the fact that the applicants are old aged, this Court is of the view that the applicants are entitled for protection against their arrest.
Accordingly, the instant application is allowed and it is directed that in the event of arrest, present applicants be released on bail on their furnishing personal bond in the sum of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand only) each with one solvent surety each of the same amount to the satisfaction of the Arresting Authority (Investigation Officer) with following further conditions :-
(i) the applicants shall mark their attendance before the concerned police station on 2nd Saturday every month between 10:00 a.m. To 12:00 noon.
(ii) the applicants shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well 3 MCRC. 63790/2021 as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene etc., to avoid proliferation of Novel Corona Virus (Covid-19).
(iii) the applicants shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
(iv) violation of conditions, State is free to apply for cancellation of bail.
Learned Public Prosecutor is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
E-certified copy as per rules.
(Rohit Arya)
(yog) V.Judge
YOGESH VERMA
2021.12.30
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00' 17:14:34 +05'30'