Madhya Pradesh High Court
Gyarsibai vs The State Of Madhya Pradesh on 5 June, 2014
1
M.Cr.C. No.3976/2014
5.6.2014
Shri Vivek Singh, learned counsel for the applicants.
Ms. Mamta Shandilya, learned counsel for the
respondent/State.
Heard on the question of grant of bail.
This is an application made by the applicants (accused) under Section 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.
The applicants are facing trial for offence punishable under Section 304-B, 306, 498-A, 34 of the IPC and under Section 3/4 of Dowry Prohibition Act registered with Police Station Mengaon, District Khargone, in Crime No.146/2014.
Learned counsel appearing for the applicants submits that the applicant No.1 Gyarsi Bai is the mother-in-law and applicant No.2 Nisha @ Bharti is Jethani of deceased Reena, who had committed suicide by hanging on 25.4.2014. He has further submitted that marriage of Reena was solemnized with Shriram S/o applicant No.1 three years prior to the alleged incident. He has also submitted that the applicant No.2 has a minor daughter of 10 months of age, who is also in jail along with the applicant No.2. He has 2 further submitted that the main allegations have been made against Shriram, husband of the deceased, who is already in custody. He has also submitted that the applicants are in custody since 30.4.2014, the investigation is complete and Challan has been filed.
In reply, learned counsel for the State has opposed the application for grant of bail.
On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for applicants. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
The applicants are directed to be released on bail on their furnishing a personal bond in the sum of Rs.35,000/- (Rs. Thirty Five Thousand) each with separate surety in the like amount to the satisfaction of the Trial Court for their appearance as and when directed.
The applicants will attend each hearing of their trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court.
Certified copy as per rules.
(Prakash Shrivastava) Vacation Judge trilok