Smt. Aasha Devi vs The State Of Madhya Pradesh
2022 Latest Caselaw 15875 MP

                                                1
           IN     THE       HIGH         COURT OF MADHYA                          PRADESH
                                          AT GWALIOR
                                        BEFORE
                           HON'BLE SMT. JUSTICE SUNITA YADAV
                                ON THE 1 st OF DECEMBER, 2022
                           MISC. CRIMINAL CASE No. 55386 of 2022

           BETWEEN:-
           SMT. AASHA DEVI W/O SHRI KAILASH NARAYAN JAIN,
           AGED ABOUT 65 YEARS, VARDMAN SCHOOL KE
           PICHCHE FAUJDARO KA MOHALLA DANAOLI
           LASHKAR (MADHYA PRADESH)

                                                                               .....PETITIONER
           (SHRI AJAY KUMAR DWIVEDI, LEARNED COUNSEL FOR THE
           PETITIONER) .

           AND
           THE STATE OF MADHYA PRADESH INCHARGE POLICE
           STATION THROUGH POLICE STATION JANAKGANJ
           (MADHYA PRADESH)

                                                                            .....RESPONDENTS
           (SHRI R.K. AWASTHI - PUBLIC PROSECUTOR FOR THE RESPONDENT -
           STATE)
           (SHRI RAHUL BANSAL, LEARNED COUNSEL FOR THE RESPONDENT
           [COMP].

                 This application coming on for hearing this day, the court passed the

          following:
                                                 ORDER

The applicant has filed this Second application u/S 438, Cr.P.C. for grant of anticipatory bail. The first bail application was allowed by this Court vide order dated 03/11/2022 passed in M.Cr.C.No. 51645/2022 in the light of judgment passed by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, but on account of adding of the offence punishable under section 377 & 323 of IPC, the applicant is apprehending her arrest, therefore, the instant second bail application has been filed by the Signature Notapplicant.

Verified Signed by: SANJAY NAMDEORAO DURGEKAR The applicant is apprehending her arrest in connection with crime No. 260/2022 registered at Police Station Janakganj, District Gwalior for the Signing time: 03-12-2022 11:04:58 AM offence punishable under Section 498-A, 294, 506, 34 and added sections 377,

323 of IPC and section 3/ 4 of Dowry Prohibition Act.

Allegations against the applicant, in short, are that the applicant being mother-in-law of the complainant harassed and tortured her for demand of dowry.

Learned counsel for the applicant submits that applicant is aged about 65 years who has no criminal past alleged against her and she has been falsely implicated in the matter. The applicant is not concerned with the case directly or indirectly. He further argued that earlier the case was registered only for the offence punishable under section 498-A, 294, 506 & 34 of IPC and under section 3/4 of Dowry Prohibition Act, in which, she was served the notice under section 41-A of Cr.P.C. However, later on the complainant has filed a written application on account of which offence punishable under section 377, 323 of IPC was added. He further argued that the allegation under section 377 of IPC has been levelled against the co-accused Saurabh Jain and not against the present applicant and the co-accused Saurabh Jain has since been enlarged o n bail by the trial Court. The applicant is the permanent resident of District Gwalior and she is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of anticipatory bail is made out.

On the other hand, learned State counsel as well as counsel for the complainant vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is hereby directed that in the event of arrest of applicant, she shall be released on bail on her furnishing a personal bond of Rs. 50,000-/-(Rupees Fifty Thousand only) with two local solvent sureties of the like amount to the satisfaction of Arresting Authority for her appearance on the dates given by the concerned Court.

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 him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without Signature Not Verified further reference to the Bench.

Signed by: SANJAY

5) The applicant will not seek unnecessary adjournments during the trial; and NAMDEORAO DURGEKAR Signing time: 03-12-2022 11:04:58 AM

6) The applicant will not leave India without previous permission of the trial

Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 03-12-2022 11:04:58 AM