Madhya Pradesh High Court
Smt. Jyoti Batham vs The State Of Madhya Pradesh on 22 December, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 63147/2021
(SMT. JYOTI BATHAM GAUD Vs STATE OF MADHYA PRADESH)
Gwalior, Dated : 22/12/2021
Shri R.K. Shrivastava, Counsel for applicant
Shri C.P. Singh, Counsel for State.
Shri Prasun Maheshwari, Counsel for complainant.
Case Diary is available.
This first application under Section 438 of CrPC has been filed
for grant of anticipatory bail.
The applicant apprehends her arrest in connection with Crime
No.304/2021 registered at Police Station Padav, District Gwalior for
offence punishable under Sections 306/34, 304-B, 498-A of IPC.
It is submitted by the Counsel for the applicant that it is true that
the bail applications of co-accused Kok Singh, Angoori Bai and
Lalaram Batham have been rejected but the case of applicant is
distinguishable. The applicant is the sister-in-law (nanad) of the
deceased. The brother of applicant, namely, Kok Singh was already
married and was having three children. Kok Singh had lost his first
wife, whereas the deceased had taken divorce from her first husband.
Since Kok Singh and deceased were eligible for second marriage,
therefore, they got married on 21.09.2020. Since brother of applicant
Kok Singh was already having three children, therefore, he was not
interested in enhancing his family but it appears that the deceased was
interested in giving birth to a child and only on that dispute, she
committed suicide. Furthermore, the applicant got married in the year
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 63147/2021
(SMT. JYOTI BATHAM GAUD Vs STATE OF MADHYA PRADESH)
2012 and is resident of Indore. The applicant is residing in her
matrimonial home and she has nothing to do with the family affairs of
his brother and deceased. Applicant has filed the copy of mark-sheet
of her daughter to show that she is studying in Indore. There is no
possibility of her absconding or tampering with prosecution case.
Per Contra, the application is vehemently opposed by Counsel
for State as well as complainant. It is submitted by Shri C.P. Singh that
that apart from the allegations of demand of dowry and harassment, it
is also alleged that the applicant who is the resident of Indore was
generally residing in her parental home and was treating the deceased
as her servant and was humiliating her on the daily household works.
It is further submitted that it is also an allegation that the applicant had
given a tablet to the deceased for her abortion.
In reply, it is submitted by Counsel for applicant that so far as
allegation of giving tablet to the deceased for her abortion is
concerned, there is nothing on record to show that any abortion was
done in hospital or the deceased ever got pregnant.
Considering the fact that the applicant got married in the year
2012 and her matrimonial home is situated in Indore coupled with the
fact that the the basic allegations are of humiliation and harassment on
the daily household work, the application is allowed subject to
condition that if the applicant appears before the Investigating Officer
(Arresting Officer) on or before 29.12.2021, she shall be released on
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 63147/2021
(SMT. JYOTI BATHAM GAUD Vs STATE OF MADHYA PRADESH)
bail on her furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lac Only) with one surety in the like amount to the
satisfaction of the Arresting Officer (Investigating Officer).
The applicant shall make herself available for interrogation by
the Investigating Officer as and when required. She shall further abide
by the other conditions enumerated in sub-section (2) of Section 438
of Cr. P. C.
It is made clear that in case if the applicant fails to appear
before the Investigating Officer (Arresting Authority) on or before
29.12.2021, then this order shall lose its effect and the Investigating
Officer shall be at liberty to take him in custody.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
CC as per rules.
(G.S. Ahluwalia)
Judge
Aman
AMAN TIWARI
2021.12.22 17:22:39
+05'30'
