Madhya Pradesh High Court
Shrimati Leeladevi vs The State Of Madhya Pradesh on 30 April, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.19845/2021
(Leeladevi vs. State of M.P.)
Gwalior, Dated : 30.04.2021
Shri R.K. Sharma, senior Advocate with Shri V.K. Agarwal,
counsel for the applicant.
Shri Naval Kishore Gupta, Public Prosecutor for the
respondent/State.
Shri Ankit Saxena, counsel for the complainant. Heard on I.A. No.11788/2021, an application under Section 301(2) of Cr.P.C. for permitting the learned counsel for the complainant to assist the Public Prosecutor.
For the reasons mentioned in the application, the application is allowed and the counsel for the complainant is permitted to assist the State counsel.
Heard the learned counsel for the parties.
The applicant has filed this second application u/S.438 Cr.P.C. for grant of anticipatory bail as she has an apprehension of her arrest in connection with Crime No.8/2021 registered at Police Station Maharajpura, Distt. Gwalior for the offences punishable under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act.
It is submitted that the applicant is grand mother of husband of deceased Jyoti and she is 75 years old, sick infirm lady. She has falsely been implicated in the case. She has not committed any offence in any manner. She never demanded any dowry from the deceased and did not torture her in that respect. It is submitted that there are omnibus allegations against the present applicant. The husband is already in custody. The applicant is ready to abide by all the terms and conditions that may be imposed by this Court. On these grounds, she prays for grant of anticipatory bail.
Per contra, counsel for the State has opposed the application and prays for its rejection.
2THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.19845/2021 (Leeladevi vs. State of M.P.) Counsel for the complainant has contended that there are specific allegations of pouring hot oil/chashni on the deceased and there are specific allegations of harassment against her. They are threatening and making pressure to compromise the matter for which another FIR has been registered.
Taking into consideration the overall facts and circumstances of the case and looking to the present scenario of COVID 19 and the age of the applicant coupled with the fact that the husband is already in custody, this Court deems it appropriate to allow this application.
Accordingly, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on bail on her furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of Investigation Officer/trial Court, as the case may be with submission of written undertaking that she will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and she will have to install Arogya Setu App, if not already installed.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by her;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.19845/2021 (Leeladevi vs. State of M.P.) Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which she is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant will inform the concerned S.H.O. of concerned Police Station about her residential address in the said area and it would be the duty of the State counsel to send E-copy of this order to SHO of concerned police station as well as concerned who shall inform the concerned SHO regarding the same.
Applicant shall install Arogya Setu App in her mobile immediately and would intimate her place of residence to the SHO of concerned Police Station; where she resides. Applicant further submits the undertaking to the effect that she will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.
E- copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
Application stands allowed and disposed of.
(VISHAL MISHRA) JUDGE VAN SMT VANDANA VERMA 2021.04.30 15:58:49 -07'00'