Madhya Pradesh High Court
Smt. Urmila Bai Rathore vs The State Of Madhya Pradesh on 10 August, 2020
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-23573-2020
The High Court Of Madhya Pradesh
MCRC-23573-2020
(SMT. URMILA BAI RATHORE AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 10-08-2020
Heard through Video Conferencing.
Shri Mukesh Kumar Pandey, counsel for the applicant.
Shri Alok Kumar, Panel Lawyer for the respondent/State.
Heard on I.A.No.8208/2020 for ignoring the default in the memo of bail application.
On due consideration, the I.A. is allowed.
Heard with the aid of case diary.
This is First application of applicants Smt. Urmila Bai Rathore and Jitendra Singh Rathore filed under Section 439 Cr.P.C. for grant of bail. The applicants were arrested on 6/6/2020 in connection with Crime No. 267/2020 registered at Police Station Chourai, Distt. Chhindwara (MP) for the offence punishable under Sections 304B, 498-A and 34 of IPC and Section 3/4 of Dowry Prohibition Act.
As per prosecution case on 4/3/2020 deceased Vinita, wife of co-
accused Dharmendra Singh Rathore set ablaze herself after pouring kerosene due to which she sustained burn injuries and died on 5/3/2020 at Meyo Hospital Nagpur during treatment. Thus, she committed suicide. It is alleged that applicant no.1 Smt. Urmila Bai Rathore, mother-in-law and applicant no.2 Jitendra Singh Rathore, brother-in-law of the deceased used to harass her and demanded money from her due to which she committed suicide.
Learned counsel for the applicants submits that applicants have not committed any offence and have falsely been implicated in the offence. Deceased in her dying declaration recorded by the Executive Magistrate did not state anything against the applicants. Applicants are mother-in-law and brother-in-law of the deceased respectively. Allegations regarding harassment are general in nature. Charge sheet has been filed. The applicants have been in Signature Not Verified SAN custody since 4/7/2020 and the conclusion of trial will take time, hence Digitally signed by MONIKA CHOURASIA Date: 2020.08.10 12:40:24 IST 2 MCRC-23573-2020 prayed for release of the applicants on bail.
Learned counsel for the State opposed the prayer. Looking to fact and circumstances of the case and contention of learned counsel of the applicants and the fact that the applicants are in custody since 4/7/2020, charge sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance before the trial 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 applicants :-
1.The applicants will comply with all the terms and conditions of the bond executed by them;
2.The applicants will cooperate in the trial;
3.The applicants will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4.The applicants shall not commit an offence similar to the offence of which they are accused;
5.The applicants will not seek unnecessary adjournments during the trial; and
6.The applicants will not leave India without previous permission of the trial Court.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE Signature Not Verified SAN m/-
Digitally signed by MONIKA CHOURASIA Date: 2020.08.10 12:40:24 IST3 MCRC-23573-2020 Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2020.08.10 12:40:24 IST