Meena Pal vs The State Of Madhya Pradesh
2021 Latest Caselaw 6624 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-50599-2021
                 Meena Pal Vs. State of M.P.

Gwalior, Dated : 21/10/2021

      Shri Shivam Savita, Counsel for applicant.

      Shri B.P.S. Chauhan, Counsel for respondent/State.

Case diary is available.

This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

The applicant has been arrested on 29.07.2021 in connection

with Crime No.584/2021 registered by Police Station Janakganj,

District Gwalior for offence punishable under Sections 307, 328, 323,

498-A, 34 of IPC.

It is submitted by the counsel for the applicant that according to

the prosecution case, the applicant who is mother-in-law of

injured/complainant had caught-hold of complainant and her husband

(son of applicant) forcibly administered poison to her. It is submitted

that applicant is in jail for near about last three months. There is no

allegation that any poison was given by the applicant. Even according

to the complainant, the marriage was performed about 10 to 15 years

back, and it cannot be said that the poison was forcibly given to a

newly wedded girl. The main accused is son of applicant (husband of

prosecutrix) who had allegedly given poison to the applicant. The trial

is likely to take sufficiently long time and there is no possibility of her

absconding or tempering with prosecution case.

Per contra, the application is opposed by the counsel for the

THE HIGH COURT OF MADHYA PRADESH MCRC-50599-2021 Meena Pal Vs. State of M.P.

respondent/State. It is submitted that according to the prosecution

case, the applicant used to harass the complainant on household issues

but fairly conceded that there is no allegation of harassment due to

demand of dowry.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case 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/-(Rs.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 the 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 & 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.

Certified copy as per rule.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2021.10.21 16:56:58 +05'30'