Madhya Pradesh High Court
Indira Bai vs The State Of Madhya Pradesh on 18 February, 2022
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
MISC. CRIMINAL CASE NO.6840 OF 2022
(Indira Bai and Another vs State of Madhya Pradesh)
Indore, Dated 18.02.2022
Mr. Avinash Sirpurkar, learned senior counsel along with
Mr. Shone Sirpurkar, counsel for the Applicants.
Mr. Kapil Mahant, learned counsel for the Non-
Applicant/State.
Arguments heard.
ORDER
This is first bail application filed by the applicants namely; applicant No.1 Indira Bai W/o Shri Dashrath and applicant No.2 Dashrath S/o Shri Jagannath under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.691/2021 registered at Police- Station - Kanadiya, District - Indore (MP) for the offence punishable under Section 304-B, 498-A and 34 of Indian Penal Code, 1860 and the applicants are in custody since 22.01.2022.
The prosecution story in short is that deceased Ankita was married to Vishal on 13.11.2019 and the present applicants are mother-in-law and father-in-law of the deceased respectively. After few days of marriage, the deceased is being constantly harassed mentally and physically by her husband and present applicants on account of demand of dowry and it is alleged that the accused were demanding Rs.5.00 to 10.00 lakhs from the deceased. It is also alleged that her mother-in- law (applicant no.1) used to torture and beaten her and had broken the mobile phone of deceased and she was not allowed to talk to her family members. Due to such harassment meted 2 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE MISC. CRIMINAL CASE NO.6840 OF 2022 (Indira Bai and Another vs State of Madhya Pradesh) out to her, she committed suicide by hanging herself on 11.11.2021. Accordingly case has been registered against the present applicants and other co-accused persons.
Learned senior counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the aforementioned crime. The present applicants are aged about 52 and 56 years respectively. It is also stated that the FIR does not disclose that the deceased was subjected to cruelty soon before her death. The applicants are the permanent resident of Indore and there is no possibility of their absconding or tampering with the prosecution evidence. The applicants are in custody since 22.01.2022 and the final conclusion of trial would take considerably long time. Hence, prayer is made to enlarge the applicants on bail.
Per contra, learned counsel for the non-applicant/State has opposed the application and prays for its rejection.
Perused the case diary as well as the impugned order passed by the Court below.
Having considered the rival submissions and the material evidence produced on record and also considering other facts and circumstances of the case including the fact that the deceased had not left with any suicidal note against her in-laws and her husband, this Court is of the view that the applicants deserved to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.
The applicants are directed to be released on bail on their furnishing a personal bond in the sum of Rs.75,000/-(Rupees 3 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE MISC. CRIMINAL CASE NO.6840 OF 2022 (Indira Bai and Another vs State of Madhya Pradesh) Seventy Five Thousand) each with one solvent surety each of the like amount to the satisfaction of Trial Court/Committal Court for their regular appearance before the Trial Court/Committal Court with a condition that they shall remain present before the Court concerned on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. The applicants shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.
In view of the outbreak of 'Corona Virus Disease (COVID-
19)' the concerned jail authority is directed to follow the directions / guidelines issued by the Government with regard to COVID-19 before releasing the applicants.
Miscellaneous Criminal Case No.6840 of 2022 stands allowed and is disposed of in above terms.
Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.
(ANIL VERMA)
Arun/- JUDGE
ARUN NAIR
2022.02.18 17:11:39
+05'30'