Gurujeet Kour @ Goldi vs The State Of Madhya Pradesh
2022 Latest Caselaw 404 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 64938/2021 (GURUJEET KOUR @ GOLDI Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 07/01/2022

Shri M.M. Tripathi, Counsel for applicant.

Shri C.P. Singh, Counsel for State.

Shri Rishikesh Bohare, Counsel for complainant.

Case diary is available.

This first application under Section 438 of CrPC has been filed for

grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime

No.773/2021 registered at Police Station-Dehat, District Ashok Nagar,

for offence punishable under Sections 304-B, 498-A, 306, 34 of IPC.

It is submitted by the Counsel for the applicant that indisputably

the applicant is not related to the deceased or her husband, therefore, the

registration of offence under Sections 304-B, 498-A of IPC may not be

made out. So far as the allegations against the applicant is concerned, it

is alleged that applicant was on talking terms with the husband of the

deceased. It is submitted that even if the entire allegations are accepted,

it may not make out an offence of abetment to commit suicide. The

applicant is a lady having two minor children. She is ready and willing

to co-operate in the investigation. 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 vehemently opposed by Counsel for

the State. However, after going through the Police case diary, it is

THE HIGH COURT OF MADHYA PRADESH MCRC No. 64938/2021 (GURUJEET KOUR @ GOLDI Vs THE STATE OF MADHYA PRADESH)

conceded that except the allegation of talking to the husband of the

deceased, there is no allegation against the applicant.

Considering the facts and circumstances of the case and without

commenting on the merits of the case, the application is allowed subject

to condition that if the applicant appears before the Investigating Officer

(Arresting Officer) on or before 14.01.2022, she shall be released on

bail on her 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 Arresting Officer (Investigating Officer).

The applicant shall make herself available for interrogation by the

Investigating Officer as and when required. She shall further abide by

the other conditions enumerated in sub-section (2) of Section 438 of Cr.

P. C.

It is made clear that in case if the applicant fails to appear before

the Investigating Officer (Arresting Authority) on or before 14.01.2022,

then this order shall lose its effect and the Investigating Officer shall be

at liberty to take her in custody.

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.

CC as per rules.

(G.S. Ahluwalia) Judge Aman

AMAN TIWARI 2022.01.07 16:29:24 +05'30'