Madhya Pradesh High Court
Smt. Pooja Mishra vs The State Of Madhya Pradesh on 2 March, 2021
Author: Anand Pathak
1 M.Cr.C. No.11937/2021
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.11937/2021
(Smt. Pooja Mishra Vs. State of M.P. )
Gwalior, Dated: 02.03.2021
Shri Deependra Singh Kushwaha, learned counsel for the
applicant.
Smt. Kalpana Parmar, learned PL for the respondent/State.
With consent heard finally.
The applicant has filed this fourth anticipatory bail
application u/S.438, Cr.P.C. for grant of bail. Applicant is
apprehending her arrest in respect of registration of Crime
No.637/2020, registered at Police Station- Ambah, District-
Morena, in relation to the offences punishable under Sections
304-B, 498-A and 34 of IPC and Section 3/4 of the Dowry
Prohibition Act.
It is the submission of counsel for the applicant that the
applicant is apprehending her arrest on the basis of offence as
referred above. It is further submitted that applicant is sister-in-
law (tsBkuh) of deceased and she had no role to play in
commission of said offence. Counsel referred the statement of
husband of deceased recorded by the police on 08.08.2020 which
indicates that deceased committed suicide because of her
previous relationship with a boy and when relationship detected
by members of matrimonial family, then she committed suicide.
Therefore, real culprit is Pawan who was in relationship with the
deceased, not the present applicant. According to him, in previous
round of bail application, the said facts and documents could not
be presented in correct perspective by the concerned counsel /
applicant, therefore, she left out to get the benefit of anticipatory
bail whereas all other co-accused persons were granted the said
benefit because of all the facts involved in the case. No role has
to be played by the applicant and / or in other family members in
the case. However; she left out and therefore, approached this
court by way of fourth visit. She does not bear any criminal
record and charge-sheet has already been filed under Section 299
of Cr.P.C. and even otherwise, no custodial interrogation is
required in the case in hand. Therefore, he prayed for grant of
anticipatory bail.
Learned Panel Lawyer for the respondent/State opposed the
prayer and submitted that this is fourth bail application preferred
by the applicant. However; applicant fairly submitted that
allegations against the present applicant are omnibus and all other
co-accused persons have been granted benefit of anticipatory bail.
Heard learned counsel for the parties and perused the
documents appended thereto.
This is a case where applicant has preferred fourth bail
application under Section 438 of Cr.P.C. and all three previous
applications were dismissed as withdrawn on the basis of
judgment passed by the Hon'ble Apex Court in the case of G.R.
Ananda Babu Vs. State of Tamil Nadu passed in SLP (Cri)
No.213/2021 dated 28.01.2021. Therefore, at that relevant point
of time, documents and other submissions were not advanced.
Although, all three applications were dismissed as withdrawn but
looking to the fact that this is fourth visit of applicant and in
fourth round of litigation, all facts in correct perspective have
been placed by the counsel.
Therefore, at this juncture instead of entertaining the said
application, this court directs the applicant in peculiar facts and
circumstances of the case to submit before the course of justice
and place all those facts and documents in support of her
submissions before the trial court and trial court shall consider all
the facts / documents as well as orders of anticipatory bail in
respect of other co-accused persons and shall pass an appropriate
order in accordance with law.
Needles to say that trial court shall hear and decide the
application of applicant as expeditiously as possible and in
peculiar facts and circumstances, if possible then on the same
day.
Application sans merit and is hereby dismissed.
(Anand Pathak)
Rashid Judge
RASHID
Digitally signed by RASHID KHAN
DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR,
postalCode=474011, st=Madhya Pradesh,
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KHAN
serialNumber=111cc474a72b078dc9a89f3cb13bb66
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cn=RASHID KHAN
Date: 2021.03.03 11:18:11 +05'30'
