Guddi Bai Ahirwar vs The State Of Madhya Pradesh on 30 November, 2022

[Cites 4, Cited by 8]

Madhya Pradesh High Court

Guddi Bai Ahirwar vs The State Of Madhya Pradesh on 30 November, 2022

Bench: Dinesh Kumar Paliwal

                                                              1
                           IN    THE       HIGH        COURT OF MADHYA                        PRADESH
                                                        AT JABALPUR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                              ON THE 30 th OF NOVEMBER, 2022
                                          MISC. CRIMINAL CASE No. 53447 of 2022

                           BETWEEN:-
                           GUDDI BAI AHIRWAR W/O SHRI SUDMA PRASAD
                           AHIRWAR, AGED ABOUT 51 YEARS, OCCUPATION:
                           HOUSEWIFE R/O VILLAGE GORAKHPUR, P.S. DEORI,
                           DISTRICT RAISEN (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI SHIVAM CHHALOTRE, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION   DEORI DISTRICT RAISEN   (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI ANIL UPADHYAY, PANEL LAWYER)
                           (BY SHRI RAKESH CHOURASIYA, OBJECTOR)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 03.10.2022 in connection with Crime No.116/2022, registered at P.S.- Deori, District-Raisen (M.P.) for the offence punishable under Sections 498A, 306 and 34 of IPC.

As per the prosecution story, on 03.08.2022, Chanda Bai Ahirwar aged about 22 years committed suicide by consuming poisonous substance. Before death, her dying declaration was recorded and in it she has stated that her Signature Not Verified Signed by: APARNA TIWARI Signing time: 12/2/2022 11:37:31 AM 2 marriage was solemnized with Sukhram Ahirwar five years ago. She could not conceive for the last five years, due to which her father-in-law and mother-in- law were having a spat with her and were telling that they wanted to desert her. A panchayat was conducted, her husband was ready to keep her but her in-laws have pressurized her husband, not to keep her with himself, for the last four months, she was residing at her parental house as her in-laws are not ready to keep her with them, out of frustration and in the fit of rage she has consumed poison. After investigation, charge sheet has been filed.

Learned counsel for the applicant has submitted that applicant has not committed any offence. She is innocent. She has been falsely implicated. She has no criminal past. Deceased along with her husband was residing separately from her. She had never tortured the deceased. She had never told her son for not keeping the deceased in his company. It is further submitted that no abatement or instigation was given to the deceased by the applicant who is mother-in-law. Trial of the case will take considerable time. Therefore, it has been prayed that the applicant be released on bail pending the trial.

On the other hand, learned Panel Lawyer as well as learned counsel for the objector has opposed the grant of bail to the applicant. Applicant is a 51 years old lady. She is the mother-in-law of the deceased.

Having considered all the facts and circumstances of the case but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pretrial detention of the applicant/accused is not warranted as trial of the case will take considerable time. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

Signature Not Verified Signed by: APARNA TIWARI Signing time: 12/2/2022 11:37:31 AM 3

It is directed that applicant - Guddi Bai Ahirwar be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for her regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by her;

2. The applicant will cooperate in the trial;

3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which she is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

and This order shall remain effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) Signature Not Verified Signed by: APARNA TIWARI Signing time: 12/2/2022 11:37:31 AM 4 JUDGE AT Signature Not Verified Signed by: APARNA TIWARI Signing time: 12/2/2022 11:37:31 AM

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