Madhya Pradesh High Court
Kaushaliya Devi @ Chhoti Shah vs The State Of Madhya Pradesh on 13 April, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 13 th OF APRIL, 2023
MISC. CRIMINAL CASE No. 15088 of 2023
BETWEEN:-
KAUSHILYA DEVI @ CHHOTI SHAH W/O RAMJATAN
SHAH, AGED ABOUT 54 YEARS, OCCUPATION:
HOUSEWIFE R/O VILLAGE JARHA, NOUDHIYA, POLICE
STATION MADA DISTRICT SINGRAULI (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI SANDEEP MAHAWAR - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MADA DISTRICT SINGRAULI (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI ANOOP SONKAR - PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No. 53/2023 dated 24.01.2023 registered at Police Station- Mada, District Singrouli, for the offence under Sections 498-A, 304-(B)/34 of IPC and Section 3/4 of Dowry Prohibition Act. He is in detention since 25.01.2023.
As per the prosecution story, deceased died on 28.12.2022. Her marriage was solemnize with Arvind Shah more than 3 years ago. She committed suicide by consuming some poisonous substance. In the course of Signature Not Verified Signed by: VAISHALI TRIPATHI Signing time: 4/13/2023 5:33:51 PM 2 investigation and inquiry, it was stated that deceased was being harassed by her husband and in-laws including the present applicant (mother-in-law) in connection with demand of one acre of land and one Bolero vehicle. It is also alleged that deceased was regularly beaten by her husband.
Learned counsel for the applicant has submitted that applicant has not committed any offence she is innocent and has been falsely implicated. She is mother -in-law of deceased. She has never demanded any dowry or in no way tortured or harassed the deceased. Allegations leveled against her are identical to the allegations made against daughter in law- Leelawati, who has already been released on bail by this Court. The allegations against her are vague and general in nature. Partition had taken place in the family and she was residing separately from the deceased and her husband. On the aforesaid pretext it has been prayed that applicant be released on bail.
On the other hand, learned counsel for the State has opposed the grant of bail.
The applicant is the mother in law of the deceased. Having taken into consideration the totality of the allegation against her and looking to the facts and circumstances of the case but without expressing any opinion on the merits of case, I am of the view that it is a case in which further pre-trial detention of the applicants/accused is not warranted. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail is allowed.
I t is directed that applicant- Kaushilya Devi @ Chhoti Shah 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 Signature Not Verified Signed by: VAISHALI TRIPATHI Signing time: 4/13/2023 5:33:51 PM 3 the satisfaction of the trial Court, for her regular appearance before the trial Court during trial with a condition that she shall remain present before the concerned Court on all the dates fixed by it during trial. She shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE VPA Signature Not Verified Signed by: VAISHALI TRIPATHI Signing time: 4/13/2023 5:33:51 PM