Madhya Pradesh High Court
Nargis vs The State Of Madhya Pradesh on 14 December, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH
1 MCRC No.60937/2021
MCRC No.60937/2021
(Nargis Vs. State of M.P.)
Indore, Dated : 14.12.2021
Shri Nilesh Dave, learned counsel for the applicant.
Ms. Geetanjali Chourasia, learned PL for the non-
applicant/State.
Applicant has filed this first bail application under Section
439 of the Code of Criminal Procedure, 1973. She is in Jail
since 1.11.2021 in connection with Crime No.577/21 registered
at P.S. - Azad Nagar, Indore (M.P.) for commission of offence
punishable under Section 304-B, 498-A, 34 of IPC.
As per the prosecution story, marriage of the deceased
Amrin was solemnized with co-accused Salman 5 years back.
On 10.7.2021 the deceased was found dead in unnatural and
suspicious circumstances. Complainant Mubarik Shah gave
Merg intimation at P.S. Azad Nagar, Indore. On the basis of the
said information, police registered Merg No.50/21. During the
investigation it is gathered that husband Salman, mother-in-law
Afsana and sister-in-law Nargis used to demand money from
the family of the deceased Amrin and deceased was being
harassed by her husband and other relatives due to the non
fulfilment of the demand of dowry. Soon before the death on
account of harassment she committed suicide in her marital
house. Thereafter crime has been registered against the
present applicant and other co-accused persons.
Learned counsel for the applicant submits that applicant
is innocent and she has been falsely implicated in this matter.
She is in custody since 1.11.2021, investigation is over and
charge sheet has been filed, therefore, no further custodial
interrogation of the applicant is required. Applicant is aged
about 28 years and having 4 children and one minor daughter
aged about 4 months in the lap of the applicant. She is sister-in-
law of the deceased. As per the postmortem report, death of
Signature Not Verified
SAN
Digitally signed by TRILOK SINGH
SAVNER
Date: 2021.12.15 12:24:31 PST
HIGH COURT OF MADHYA PRADESH
2 MCRC No.60937/2021
Amrin has been caused due to cardiorespiratory failure.
Applicant is permanent resident of Indore. Learned counsel for
the applicant has also placed reliance upon the judgment of the
Hon'ble Supreme Court in the case of Kansraj Vs. State of
Punjab and others reported in AIR 2000 SC 2324, wherein it
has been held that in-laws of deceased cannot be roped in only
on the ground of being close relations of husband of deceased
and overt acts attributed to them should be proved beyond
reasonable doubt. Hence, he prays that applicant be released
on bail.
Per-contra, learned PL for respondent/State opposes the
bail application and prays for its rejection.
Perused the case diary as well as the impugned order of
the court below.
Considering all the facts and circumstances of the case,
arguments advanced by counsel for the parties, nature and
gravity of allegation as also taking note of the fact that the
present applicant is a 28 years old lady having 4 children and
one 4 months' daughter in her lap, she was sister-in-law of the
deceased, she is in custody since 1.11.2021, investigation is
over and she is not required for any further custodial
interrogation, cause of death of the deceased can be
ascertained after the forensic analysis of the viscera and that
the present applicant is not the main accused, I deem it proper
to release the applicant on bail.
Accordingly, without commenting on the merits of the
case, the application is allowed. It is directed that the applicant
be released on bail upon her furnishing a personal bond in the
sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with
one solvent surety in the like amount to the satisfaction of the
trial Court for her appearance before the trial Court, as and
when required. She shall abide by the conditions enumerated u/
S. 437(3) Cr.P.C.
Signature Not Verified
SAN
Digitally signed by TRILOK SINGH
SAVNER
Date: 2021.12.15 12:24:31 PST
HIGH COURT OF MADHYA PRADESH
Before releasing the applicant from the custody, the Jail
Authorities are directed to medically examine her in order to
rule out the possibility of Covid-19 infections and shall comply
with the directions issued by the Hon'ble Apex Court in W.P.No.
01/2020.
C.C. as per rules.
(Anil Verma)
Judge
trilok/-
Signature Not Verified
SAN
Digitally signed by TRILOK SINGH
SAVNER
Date: 2021.12.15 12:24:31 PST
