Smt Meera vs The State Of Madhya Pradesh
2021 Latest Caselaw 3653 MP

                                   1                            MCRC-36602-2021
        The High Court Of Madhya Pradesh
                  MCRC-36602-2021
                   (SMT MEERA Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 27-07-2021
      Heard through Video Conferencing.

      Shri Sanjay Gupta, learned counsel for the applicant.
      Shri Ravindra Singh Kushwah, learned Deputy Advocate General for
the respondent/State.

Shri S.S. Rajput, learned counsel for the complainant.

I.A. No. 21713/2021, an application for urgent hearing and I.A. No.22154/2021, an application under Section 301(2) of CrPC, are taken up, considered and allowed for the reasons mentioned therein.

Shri S.S. Rajput, learned counsel and his associates are permitted to appear on behalf of the complainant to assist the State counsel.

The applicant has filed this first bail application under Section 438 of Cr.P.C. for grant of anticipatory bail.

T h e applicant apprehends her arrest in connection with Crime No.426/2021 registered at Police Station Civil Line, District Morena (M.P.) in

relation to the offence punishable under Sections 306, 34 of IPC.

It is submitted by learned counsel for the applicant- Smt. Meera that the applicant has not committed any offence. She has falsely been implicated in this case. Applicant is a lady aged around 59 years and she is mother-in- law of the deceased. It is further submitted that marriage was solemnized on 28/05/2003, thereafter around after 18 years of marriage, deceased committed suicide by hanging. It is further submitted that there are two sons of the deceased aged around 16 years and 11 years respectively. It is also submitted that prior to aforesaid incident, no complaint was there with regard to inappropriate behaviour or demand of dowry. As the applicant is a lady aged around 59 years, therefore in the light of judgment passed by Hon'ble Apex court as well as by the Division Bench of this Court at Jabalpur on 17/05/2021 in W.P. No.9320/2021 (IN REFERENCE (SUO MOTU) Vs 2 MCRC-36602-2021 THE STATE OF MADHYA PRADESH AND OTHERS) , learned counsel prays for grant of anticipatory bail to the applicant.

Learned State counsel as well as learned counsel for the complainant have vehemently opposed the application and have submitted that offence is registered under Sections 306, 34 of IPC. The place of incident is just above

the double bed and there is no possibility to commit suicide by hanging from a ceiling fan as the gap between the ceiling fan and bed is too short. The ligature mark is not of suicide, rather it reflects the commission of offence under Section 302 of IPC. It is further submitted that the applicant along with other family members tried to hide the evidence against them and in furtherance of it they had already removed the body of the deceased from the place of incident. Hence, looking to the gravity of offence, learned State counsel as well as learned counsel for the complainant prayed to reject the anticipatory bail application of the applicant.

Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by learned counsel for the parties along with the fact that applicant is a lady aged around 59 years and deceased committed suicide after 18 years of marriage, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on her furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by her; 2 . The applicant shall make herself available for interrogation by a police 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.; 3 . The applicant will not indulge herself in extending 3 MCRC-36602-2021 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which she is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of trial Court/ Investigating Officer, as the case may be.

This anticipatory bail application stands disposed of in above terms. E-copy of this order be sent to the Court concerned for information. Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar

Digitally signed by SHUBHANKAR MISHRA Date: 2021.07.27 16:39:05 +05'30'