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Madhya Pradesh High Court

Smt. Usha Verma @ Gudiya vs State Of Madhya Pradesh on 14 January, 2022

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                                               The High Court Of Madhya Pradesh
                                                        MCRC No. 1989 of 2022
                                                    (SMT. USHA VERMA @ GUDIYA Vs STATE OF MADHYA PRADESH)

                                        Jabalpur, Dated : 14-01-2022
                                             Heard through Video Conferencing.

                                             Shri L.C. Chourasiya, Advocate for the applicant.
                                             Shri Harish Shukla, Panel Lawyer, for the respondent- State.

This is repeat (second) application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant in connection with Crime No.286/2021, registered at Police Station Handiya, District Harda (M.P.), for the offence punishable under Sections 304B, 498A/34 of the Indian Penal Code, 1860 (for brevity "I.P.C") and Section 3/4 of Dowry Prohibition Act, 1961.

Learned counsel appearing for the applicant submits that present applicant is a lady, aged about 35 years and is in jail since 19.11.2021. According to him, dying declaration of deceased Neha Verma, was recorded in the presence of Naib Tehsildar, where the deceased had categorically stated that while she was cooking fire caught her which has resulted into the said incident. Learned counsel further submits that the husband, brother-in-law, and sister-in-law (applicant) had taken the deceased to the hospital where she remained hospitalised between 31.10.2021 to 07.11.2021 and during this period also, no allegations were made by the father of the deceased. It is after she expired, the allegations have been made against the present applicant and other co-accused persons. He also states that investigation is over and challan has already been filed and hence, the applicant be enlarged on bail.

Learned Public Prosecutor appearing for the State opposed the Digitally signed by ASHWANI PRAJAPATI Date: 2022.01.17 10:28:41 IST 2 application and submits that taking into overall facts and circumstances of the case, the application be dismissed.

This Court on 27.12.2021, dismissed the earlier bail application being M.Cr.C.No.64188/2021 filed by the present applicant, as withdrawn. However, learned counsel for the applicant submits that on 27.12.2021 challan was not filed, which has now been filed by the Investigating Agency.

Perused the challan. Taking into account overall facts and circumstances of the case, without commenting anything on merit of the case, present application is allowed.

It is directed that the applicant-Smt. Usha Verma @ Gudiya, shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial Court concerned for her appearance before the said Court on all such dates as may be fixed in this regard during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. Liberty is granted to the prosecution for cancellation of bail in case of breach of any of the aforesaid conditions or breach of bail bond.

Accordingly, the M.Cr.C. is allowed and disposed off. Certified copy as per rules.

(PURUSHAINDRA KUMAR KAURAV) JUDGE A.Praj.