Madhya Pradesh High Court
Kaushalyabai vs The State Of Madhya Pradesh on 27 February, 2019
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HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
MCRC NO.8431/2019
Kaushalyabai w/o Nandram & one another vs. State of M.P
27.02.2019 (INDORE):
Shri Manish Vijayvargiya, learned counsel for the
applicants.
Shri Yogesh Gupta, learned GA for the
respondent/State.
This is first application under section 439 Cr.P.C seeking bail in connection with Crime No.297/2018 registered at Police Station Nalkheda, district Agar for the offence punishable under sections 302, 326-A & 498-A of the IPC.
As per prosecution story deceased Sunitabai married to Bajrang 12 years back and died of burn injuries as she was set on fire by her husband Bajrang.
Learned counsel for the applicants submits that applicants are mother-in-law and father-in-law of the deceased respectively. Learned counsel has drawn the attention of this Court towards the dying declaration of the deceased in which she has stated that she was being compelled to work as a labourer by her husband and her husband poured kerosene oil on her and set her on fire. There are two dying declarations in this case. In the second Digitally signed by Hari Kumar Nair Date: 28/02/2019 10:19:35 -2- dying declaration she states that the quarrel was going on in the house and she poured kerosene oil on herself. There is no allegation against the present applicants. He further submits that another relative of the applicants viz. Devilal has since been granted bail by this Court.
Learned counsel for the State has submitted that the parents of deceased have levelled allegation against the applicants regarding harassment meted out to the deceased.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicants, but without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent local surety of the like amount to the satisfaction of the trial court for their regular appearance before the trial court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
C.c as per rules.
(SHAILENDRA SHUKLA) JUDGE hk/ Digitally signed by Hari Kumar Nair Date: 28/02/2019 10:19:35