Smt. Shakuntala vs The State Of Madhya Pradesh
2021 Latest Caselaw 7296 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.53294/2021
            (SMT. SHAKUNTALA VS. STATE OF M.P.)

Gwalior, Dated : 11/11/2021

        Shri R.S.Yadav, learned counsel for the applicant.

        Shri A.K.Nirankari, learned counsel for the State.

        Case diary is available.

        This is third repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. Second bail application of the

applicant was dismissed by order dated 11/01/2021 passed in MCRC

No.791/2021.

        The applicant has been arrested on 22/07/2020 in connection

with Crime No.72/2020 registered at Police Station Bamore Kalan,

District Shivpuri for offence under Sections 304-B, 201 and 34 of

IPC and Section 3/4 of the Dowry Prohibition Act.

        It is submitted by the counsel for the applicant that after the

rejection of the second bail application of the applicant, the Supreme

Court has granted bail to co-accused Balveer Yadav by order dated

20/10/2021

passed in SLP (Cri.) No.5468/2020 and the case of the

applicant is identical to that of Balveer yadav, who is the husband of

the applicant. It is further submitted that both accused persons were

arrested on the same day, therefore, the period of detention is also

same.

Per contra, the application is vehemently opposed by the

counsel for the State. However, Shri Nirankari after going through

THE HIGH COURT OF MADHYA PRADESH MCRC No.53294/2021 (SMT. SHAKUNTALA VS. STATE OF M.P.)

the police case diary could not point out any distinguishable fact in

the case of the applicant and that of Balveer Yadav.

In view of the fact that co-accused Balveer Yadav has been

granted bail by the Supreme Court and the case of the present

applicant stands on the similar footings and without commenting on

the merits of the case, the application is allowed. It is directed that

the applicant be released on bail on furnishing a personal bond in the

sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like

amount to the satisfaction of the Trial Court/Committal Court to

appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                    (G.S. Ahluwalia)
Pj'S/-                                                                    Judge
          PRINCEE BARAIYA
          2021.11.11
          17:45:24 +05'30'