Madhya Pradesh High Court
Smt. Komal Bai vs The State Of Madhya Pradesh on 30 July, 2015
1
M.Cr.C.No.6811/2015
(Smt. Komal Bai vs. State of MP)
30.07.2015
Shri Rajiv Sharma, Advocate for applicant.
Smt. Anjali Gyanani, Public Prosecutor for
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Lines, District Vidisha in connection with Crime No.287/2015 registered in relation to the offences punishable u/S. 304-B, 498-A r/w S. 34 of IPC and S.3/4 of Dowry Prohibition Act.
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 bail is made out.
The applicant is in custody since 26.06.2015 who is mother-in-law is alleged with dowry demand related cruelty. Dying declaration left behind by the deceased who died of burn injuries is not implicative in nature qua the applicant and that the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the 2 M.Cr.C.No.6811/2015 material placed on record does not disclose that the applicant will flee from justice, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thosuand only) with two solvent sureties of Rs.25,000/-of the like amount to the satisfaction of the concerned trial Court.
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 investigation/trial, as the case may be;
3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts 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;3 M.Cr.C.No.6811/2015
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge AK/-