Shrimati Sharda vs The State Of Madhya Pradesh
2021 Latest Caselaw 6811 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-49442-2021
               Shrimati Sharda Vs. State of M.P.

Gwalior, Dated : 25/10/2021

      Shri Prabal Pratap Singh Solanki, Counsel for the applicant.

      Shri       B.P.S.   Chauhan,   Public    Prosecutor     for    the

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 14.09.2021 in connection

with Crime No.477/2021 registered by Police Station Kotwali,

District Shivpuri for offence punishable under Sections 304-B, 498-

A, 34 of IPC.

It is submitted by Counsel for the applicant that applicant is

mother-in-law of the deceased. In the month of June 2018, the

deceased was married to her son. She gave birth to a child after one

year of her marriage and thereafter she gave birth to another child just

two months prior to the date of consuming poison. The allegations of

demand of dowry and harassment thereof appears to be false, vague

and omnibus. It is further submitted that it appears that the immediate

cause for committing suicide was illtreatment by the husband of the

deceased. The applicant is ready and willing to abide by any

condition which may be imposed by the Court. The trial is likely to

take sufficiently long time and there is no possibility of her

THE HIGH COURT OF MADHYA PRADESH MCRC-49442-2021 Shrimati Sharda Vs. State of M.P.

absconding or tempering with prosecution case.

Per contra, the application is vehemently opposed by the

Counsel for the respondent/State. By referring to the statement of

Reena (bhabhi of the deceased), it is submitted that after the

marriage, the applicant and father-in-law of the deceased were

passing taunts that their son would have got more dowry. It is alleged

that on 05.08.2021, husband of deceased informed that the deceased

has consumed poison, and accordingly, she had talked to her who

informed that since her husband was illtreating her under the

influence of alcohol, and accordingly, she consumed poison on

04.08.2021. It is submitted that deceased died on 06.08.2021.

Heard the learned counsel for the parties.

Considering the statement of Reena according to whom the

immediate cause of consuming poison was the illtreatment by the

husband of deceased under the influence of alcohol 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 Only) 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

THE HIGH COURT OF MADHYA PRADESH MCRC-49442-2021 Shrimati Sharda Vs. State of M.P.

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 2021.10.25 17:19:09 +05'30'