Madhya Pradesh High Court
Smt. Rajeshwari Rajput vs The State Of Madhya Pradesh Thr on 26 December, 2017
1 M.Cr.C. No. 25768/2017
(Smt. Rajeshwari & Anr. Vs State of M.P.)
26/12/2017
Shri Manoj Dwivedi, learned counsel for the
applicants.
Shri Ajay Bhargava, learned Public Prosecutor for
the respondent.
Case Diary is perused.
Learned counsel for the rival parties are heard. This is first bail application under section 438 of the Code of Criminal Procedure.
Applicants apprehend their arrest in connection with Crime No. 873/2017 registered at Police Station Janakganj District Gwalior (M.P.) for the offence punishable under sections 498A and 304-B/34 of IPC and Section 3/4 of the Dowry Prohibition Act.
As per the prosecution story deceased was married on 09/03/2015 with one Pankaj Rajpoot and in the house of in laws husband, father in law, mother in law, brother in law and sister in law used to live jointly. After 5-6 months of marriage, all these persons started tortured and demanded the dowry as a result of which Archana lodged the report in Police Station and thereafter compromise took place and deceased started living with husband. Again, all of them started demanding dowry as a result of which deceased Archana died on 12/09/2017 due to hanging.
Learned counsel for the applicants submits that they have been falsely implicated and they have no concern with the alleged offence. They are a permanent resident of Gwalior (M.P.) and there is no possibility of their absconsion, if they are released on 2 M.Cr.C. No. 25768/2017 bail.
Learned Public Prosecutor opposed the application and prayed for its rejection.
Taking into consideration, facts and circumstances of the case coupled with the fact that investigation is yet not over and custodial interrogation of the applicant may be necessitated but, without expressing any opinion on the merits thereof, I am of the view that it is not a fit case for grant of anticipatory bail. Accordingly, the anticipatory bail application filed by the applicant is rejected.
Certified copy as per rules.
(S.A. Dharmadhikari) Vacation Judge Prachi* PRACHI MISHRA 2017.12.27 11:15:28 +05'30'