Smt Seema Dhakad vs The State Of Madhya Pradesh on 21 July, 2023

[Cites 4, Cited by 1]

Madhya Pradesh High Court

Smt Seema Dhakad vs The State Of Madhya Pradesh on 21 July, 2023

Bench: Deepak Kumar Agarwal

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 21 st OF JULY, 2023
               MISC. CRIMINAL CASE No. 20535 of 2023

BETWEEN:-
SMT. SEEMA DHAKAD W/O SHRI RAVI DHAKAD, AGED
25 YEARS, R/O GRAM MARORA KHALSA, POLICE
STATION- BAIRAD, DISTRICT- SHIVPURI (MADHYA
PRADESH)

                                                                .....APPLICANT
(BY SHRI AKHAND PRATAP SINGH- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION- BAIRAD, DISTRICT-SHIVPURI (MADHYA
PRADESH)

                                                             .....RESPONDENT
(BY SHRI RAJENDRA SINGH YADAV- PUBLIC PROSECUTOR)

      This application coming on for admission this day, the court passed the
following:
                                   ORDER

This is the Second application u/S.439 Cr.P.C filed by the applicant for grant of bail. The first application was dismissed as withdrawn by this Court vide order dated 06/04/2023 passed in MCRC No.14424/2023.

The applicant was arrested on 24/10/2022 in connection with Crime No.464/2022 by Police Station- Bairad, District- Shivpuri (M.P.) for the offence punishable under Sections 307, 34 and 302 of IPC.

Prosecution story, in short, is that on 23/10/2022, Sub-Inspector reached Medical College, Shivpuri to record dying declaration of the deceased- Preeti 2 Dhakad who was admitted in the hospital due to consumption of poison in which she has stated that on 23/10/2022 at about 8:00 AM, she quarreled with brother-in-law- Ravi Dhakad (Jeth)and sister-in-law- Seema Dhakad (Jethani). During this quarrel, Ravi caught her and applicant fed her insecticide which is used to kill insects in tomatoes cultivation. During treatment, she died on 24/10/2022. Thereafter, on the intimation, Crime No.464/2022 for the offence punishable under Sections 307, 34, 302 of IPC was registered against the present applicant-accused. Dead-body Panchnama was prepared and dead body was sent for postmortem. As per postmortem report, death seems to be of poisoning. Viscera was preserved for chemical analysis. From the place of incident, one glass was seized.

Learned counsel for the applicant submits that applicant is a lady aged 25 years and she has been falsely implicated in this case. After investigation, charge-sheet has been filed, therefore, further custodial interrogation is not required in the matter. It is further submitted that three witnesses have been examined who have not supported the prosecution and turned hostile. Co- accused- Ravi Dhakad has already been released on bail by this Court vide order dated 20/03/2023 passed in MCRC No.12260/2023 and the case of the applicant is akin to the said co-accused. Applicant is in custody since 24/10/2022 and she is the permanent resident of District- Shivpuri (M.P.). There is no likelihood of her absconsion or tampering with the prosecution evidence. Conclusion of trial will take time. Applicant is ready to abide by all the terms and conditions as may be imposed by this Court. On such premises, learned counsel for the applicant prays for grant of bail to the applicant.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Both the Advocates are heard. Case- diary perused. Looking to the aforesaid facts and circumstances of the case as well as the fact that after investigation, charge-sheet has been filed and three witnesses have been examined who have not supported the case and turned hostile, but without commenting upon merits of the case, this Court is of the opinion that the application should be allowed that if the applicant furnishes a cash security of Rs.25,000/- alongwith a persoanl bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the trial Court, she should be released on bail.

She will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall stand forfeited automatically.

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary information and compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) Digitally signed by RAHUL SINGH PARIHAR JUDGE rahul DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH RAHUL SINGH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676 d0cde4dee473fe77953f5, PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D4 87, serialNumber=0275C4F803F94C47998BE5C534E21BDED910F D4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.07.22 11:06:15 +05'30'

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court