Guddi Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 1360 MP

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          THE HIGH COURT OF MADHYA PRADESH
                        MCRC No. 4906/2022
                 (GUDDI BAI Vs STATE OF MADHYA PRADESH)

                      Through Video Conferencing

Gwalior, Dated : 31/01/2022

      Shri S.K. Shrivastava, Counsel for applicant.

      Shri Avdhesh Parashar, Counsel for 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 01.12.2021 in connection

with Crime No.274/2021 registered by Police Station - Lateri, District

Vidisha for offence punishable under Sections 304-B, 498-A/34 of

IPC & Section 3/4 of Dowry Prohibition Act.

      It is submitted by Counsel for the applicant that the prosecution

witnesses themselves have stated that the father-in-law and mother-in-

law had separated from their son and the deceased. The allegation of

demand of rupees one lac is false. It is further submitted that Daulat

Singh has specifically stated that the husband of the deceased was

demanding rupees one lac, whereas the allegations against the

applicant are that she was not providing milk and ghee to the

deceased. The applicant is aged about 56 years and she is in jail from

01.12.2021. The trial is likely to take sufficiently long time and there

is no possibility of her absconding or tampering with prosecution case.

      Per contra, the application is opposed by Counsel for the

respondent/State.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 4906/2022 (GUDDI BAI Vs STATE OF MADHYA PRADESH)

Heard the learned counsel for the parties.

Considering the nature of allegations coupled with the fact that

applicant is a lady 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 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

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

(alok)

ALOK KUMAR 2022.02.01 11:59:21 +05'30'