Madhya Pradesh High Court
Rajni Jadon vs The State Of Madhya Pradesh on 14 March, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 14 th OF MARCH, 2023
MISC. CRIMINAL CASE No. 8697 of 2023
BETWEEN:-
RAJNI JADON W/O LATE SHRI VIKKI JADON, AGED
ABOUT 20 YEARS, R/O SARDAR KI MULTI SIKANDAR
KAMPOO LASHKAR GWALIOR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI RAVI DWIVEDI- ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MADHOGANJ DISTT. GWALIOR (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI PRAMOD PACHAURI- PUBLIC PROSECUTOR FOR THE STATE )
This application coming on for hearing this day, the court passed the
following:
ORDER
This is the fifth application u/S.439 Cr.P.C filed by the applicant for grant of bail. Earlier applications have been dismissed as withdrawn.
T h e applicant has been arrested on 22.8.2022 by Police Station- Madhoganj, District- Gwalior (M.P.) in connection with Crime No.144/2022 for the offence punishable under Section 306/34 of IPC.
In brief case of the prosecution is that on 24.09.2021, Bhagwan Das gave an information to Police Station Madhoganj District Gwalior that on 24.09.2021 Signature Not Verified Signed by: MADHU SOODAN PRASAD in the morning at 8 am, he was doing the job of cleaning. His neighbour Munna Signing time: 15-03-2023 09:47:27 AM informed that owner's son Vikky committed suicide. He reached there. On his 2 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, statements of Smt. Manju Jadon, Kishore, Pankaj Jadon, Pramod Chouhan, Basu Bangde, Ranjeet, Pramod Kumar, Bhagwan Das and 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 him in dowry case despite his family members never demanded any dowry. His wife after taking gold and silver ornaments went to her parental house. He likes his mother & father. His wife will not be permitted to visit during last rites. He further requested to take care of his family members and that his in-laws be punished. Applicant has been arrested on 22.8.2022. After investigation, charge-sheet has been filed.
Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in this case. She is in custody since 22.8.2022. Prosecution witnesses have not supported the prosecution case before the trial Court and have been declared hostile. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.
Per contra, learned Public Prosecutor for the State opposed the application and prayed for dismissal of the application.
Looking to the facts and circumstances of the case, without commenting Signature Noton the merits of the case, this Court is of the opinion that the application should Verified Signed by: MADHU SOODAN PRASAD be allowed and by allowing the application it is ordered that if applicant Signing time: 15-03-2023 09:47:27 AM 3 furnishes a cash security of Rs.25,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, she should be released on bail.
She will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.
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 ms/-
Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 15-03-2023 09:47:27 AM