Madhya Pradesh High Court
Smt. Ramraja vs The State Of Madhya Pradesh on 16 April, 2019
The High Court of Madhya Pradesh
MCRC-15091-2019
(SMT. RAMRAJA Versus STATE OF M.P. )
Gwalior, dated : 16.04.2019
Shri Rajkumar Singh Kushwah, learned counsel for the
applicant.
Shri Manoj Dwivedi, learned Public Prosecutor for the
respondent/State.
Case diary is not available, therefore, the case is decided based on available record.
The applicant has filed this 2 nd repeat application for grant of anticipatory bail under Section 438 of Cr.P.C. after dismissal of earlier one vide order dated 26.11.2018 passed in M.Cr.C. No. 45195/2018 which was dismissed on merits and considering the fact that the gap between the incident and marriage was nearly two and half months, therefore, the evidence was against the applicant/mother-in-law of inflicting dowry demand related cruelty soon before death of deceased.
The applicant apprehends her arrest in connection with offences punishable u/Ss. 498-A, 304-B, 201 of IPC and Section 3/4 of Dowry Prohibition Act registered as Crime No.240/2018, by Police Station Gormi, District Bhind.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.
The High Court of Madhya Pradesh MCRC-15091-2019 (SMT. RAMRAJA Versus STATE OF M.P. ) New ground raised herein is that the husband and the absconding mother-in-law/applicant were tried in Sessions Trial No. 268/2018 leading to acquittal of husband by judgment dated 20.03.2019 which was based on exonerating statement rendered by the parents of the deceased who denied their daughter to have been inflicted any cruelty.
Though the applicant has been absconding since long but considering the fact that she is woman aged 60 years and the main accused/husband has been acquitted, this Court is inclined to extend benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, I deem fit appropriate to allow this application u/S. 438 of Cr.P.C. in the following terms.
It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac only) with two solvent sureties in the like amount to the satisfaction of the Arresting Authority.
This order will remain operative subject to compliance of the following conditions :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the The High Court of Madhya Pradesh MCRC-15091-2019 (SMT. RAMRAJA Versus STATE OF M.P. ) facts of the case so as to dissuade him/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 he is accused;
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be, C.c. as per rules.
(Sheel Nagu) neetu Judge NEETU SHASHANK 2019.04.10 18:00:40 +05'30'