Madhya Pradesh High Court
Preeti Rajpoot vs The State Of Madhya Pradesh on 30 November, 2022
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 30 th OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 48562 of 2022
BETWEEN:-
PREETI RAJPOOT D/O PARMAAL SINGH, AGED ABOUT
34 YEARS, VILLAGE JIKSOLI POLICE STATION PURANI
CHAWANI (MADHYA PRADESH)
.....PETITIONER
(SHRI SOHIT MISHRA, LEARNED COUNSEL FOR PETITIONER)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE THANA BAHODAPUR
(MADHYA PRADESH)
.....RESPONDENTS
( SHRI PRAMOD PACHORI, LEARNED PUBLIC PROSECUTOR FOR STATE
AND SHRI ANIL KUMAR MISHRA, LEARNED COUNSEL FOR
RESPONDENT [COMP])
This application coming on for hearing this day, the court passed the
following:
ORDER
This is second application under section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail. Earlier bail application filed by the applicant has been dismissed as withdrawn by coordinate Bench presided over by Shri Rajeev Kumar Shrivastava, former Judge of this Court.
The applicant, a lady aged about 34 years, is apprehending his arrest in connection with Crime No.235/2021 registered at Police Station Bahodapur District Gwalior (MP) fo r the offence punishable under Sections 306, 34 of IPC.
2In brief case of the prosecution is that on 02.03.2021, Chaitanya Singh Rajpoot-son of deceased gave an information to Police that in the morning between 8:30 -9:00 am, his cousin Chetan Singh Rajpoot informed him by telephone that his father Rajendra Singh aged about 64 years committed suicide by his 12 bore gun. On the aforesaid information, he reached there and saw that his father was lying down in dead position. On his information, Merg No.22/2021 was registered. Dead body panchnama of deceased was prepared. Thereafter dead body was sent for postmortem. As per postmortem report, he died due to gunshot injury. Merg was inquired. During inquiry, from the place of occurrence, one 12 bore gun, one box of aluminum phosphate, one touch screen mobile phone, so called suicide note, papers in respect of gun, one pen were seized. Statements of son of deceased and other persons were recorded in which they have stated that applicant-accused who is daughter-in-law of deceased and her relatives used to harass the deceased that he should transfer his immovable property in favour of present applicant due to which he committed suicide. After 17 days of merg intimation, aforesaid crime was registered against present applicant and three others. As per suicide note which was seized from the place of occurrence, it has been mentioned that on 29.09.2018 deceased was retired and after retirement of deceased, he came to Gwalior. Since then present applicant used to harass the deceased. It is also alleged that present applicant insulted the deceased. On 03.07.2020, present applicant alongwith his brother committed marpeet with the deceased and thereafter a false report had been lodged at Mahila Thana, Shivpuri on 04.02.2022 and also in Gwalior just to grab the property of deceased. Her mother, father and sister also used to threaten him that if property is not 3 transferred in favour of applicant, he will be ruined. He does not want to live. Present applicant and his family members will be liable for his death. Name of deceased has been mentioned beneath in the suicide note.
Learned counsel for the applicant submits that applicant is residing separately from 2018. Her husband is having illicit relationship with another lady. She has filed an application under Section 9 of Hindu Marriage Act before the court which is pending. So far as suicide note is concerned, it is suspicious because after the incident, on 23.03.2021, statement of Chaitanya Singh Rajput- son of deceased who gave information, has been recorded in which he has not mentioned about suicide note. He has stated that applicant and his family members are pressurizing her to transfer his property in the name of present applicant-accused. Aforesaid suicide note has not yet been sent for handwriting expert. Without report of handwriting expert, the said suicide note cannot be relied upon. In these situation applicant being a lady is innocent and has been falsely implicated in the case. Hence, it is prayed that applicant may be enlarged on anticipatory bail.
On the other hand, learned counsel for the complainant vehemently opposed this anticipatory bail application by submitting that due to present applicant, deceased committed suicide.
Learned Public Prosecutor vehemently opposed present anticipatory bail application and prayed for its rejection.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the record.
Looking to the aforesaid facts and circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that 4 in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Arresting Authority.
Applicant shall further abide by the other conditions enumerated in sub- section (2) of Section 438 of Cr.P.C.
With the aforesaid directions, the present application stands allowed and disposed of.
Certified copy/e-copy as per rules.
YOGENDRA (DEEPAK KUMAR AGARWAL)
OJHA JUDGE
ojha 2022.12.02
10:17:29 +05'30'