Madhya Pradesh High Court

Ku. Komal vs The State Of Madhya Pradesh on 27 July, 2022

Author: Sunita Yadav

                                       01

      IN THE HIGH COURT OF MADHYA PRADESH
                   AT GWALIOR
                                  BEFORE
         HON'BLE SMT. JUSTICE SUNITA YADAV
                    ON THE 27th OF JULY, 2022
       MISC. CRIMINAL CASE No. 35866 of 2022


Between:-
KU. KOMAL D/O LATE NIRMAL SINGH,
AGED ABOUT 21 YEARS, VILL KHEDE KA
PURA, POST RAYPURA, DISTRICT BHIND
(MADHYA PRADESH)
                                                                    ......APPLICANT
(BY   SHRI            D.S.      NIRANJAN
-ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THR.
POLICE STATION CHINOR, DISTRICT
GWALIOR (MADHYA PRADESH)
                                                                 .....RESPONDENT
(BY     SHRI      RAMADHAR            CHOUBEY-          PUBLIC
PROSECUTOR)
(BY     SHRI      S.S.    SENGAR-         ADVOCATE          FOR
COMPLAINANT)
-------------------------------------------------------------------------------
   This petition coming on for hearing this day, the court passed the
   following:
                                   02

                             ORDER

I.A. No.11624/2022, an application u/S.301(2) of Cr.P.C. for

assisting learned Public Prosecutor for the State is taken up,

considered and allowed for the reasons mentioned therein.

Learned counsel for the complainant is permitted to assist

learned Public Prosecutor.

I.A. No.11835/2022, an application for taking documents on

record is taken up, considered and allowed for the reasons

mentioned therein.

The applicant has filed this first application u/S.438 of

Cr.P.C. for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with

Crime No.24 of 2022 registered at Police Station Chinor, District

Gwalior (M.P.) for commission of offence punishable under

Sections 304-B, and 34 of IPC.

As per the prosecution story, on 13/12/2021 the

complainant- Virendra Shrivastava informed the Police Station

Jhansi Road, Gwalior that Rajvindar Kaur W/o Satvir Singh R/o

Tekanpur, Police Station Chinor, District Gwalior had consumed

rat killer poison and, therefore, was admitted to Sarvodaya

Hospital for treatment. However, during treatment she died on

14.02.2022.

Upon the information, Merg bearing No.4/2022 u/S.174 of

Cr.P.C. was registered. The post mortem was conducted and it was

revealed that the death of the deceased was on account of

consumption of poisonous substance. The family members of the

deceased alleged that the present applicant alongwith other

accused persons were harassing the deceased for demand of dowry.

On the basis of aforesaid, a case bearing Crime No.24/2022

u/S.304-B and 34 of IPC was registered.

Learned counsel for the applicant argued that the applicant is

innocent and has been falsely implicated. It is further argued that

the present applicant is daughter of Nirmal Singh not of Dara

Singh (father-in-law of deceased). It is further argued that the

present applicant lives in village Khede Ka Pura, Post Rayatpura,

District Bhind whereas in-laws of the deceased live in Suro Behta

(Chak Sardaro Ka Pura), Police Station Maharajpura , District

Gwalior. The present applicant is just 21 year old and perusing her

studies. The applicant has no criminal antecedents and she was not

involved in crime. The applicant is permanent resident of Khede

Ka Pura, Post Rayatpura, District Bhind (M.P.) and there is no

possibility of her absconsion or tempering with prosecution case.

In support of the facts narrated in the application, the

applicant has filed Adhar Card bearing No.229450064089 in which

the applicant's father name is mentioned as Nirmal Singh and

address is mentioned as village Khede Ka Pura, Post Rayatpura,

District Bhind, Madhya Pradesh- 477177. The applicant has also

filed a certificate of the Sarpanch of Gram Panchayat Rayatpura,

District Bhind (M.P.) and the receipt of payment of fee to the

school of Shri Guru Hargobind Shiksha Samiti. On these grounds,

he prays for grant of bail to the applicant.

On the other hand, learned Public Prosecutor as well as

learned counsel for the complainant vehemently opposed the

application and prayed for its rejection in view of the gravity of

offence.

Heard the learned counsel for the rival parties and perused

the case diary.

On perusal of case-diary, especially, the dying-declaration

reveals that the deceased has not made any allegations against the

present applicant that she was being harassed by the present

applicant/accused. The dying-declaration also reveals that at the

time of incident, the deceased was living in her parents house

where she consumed rat killing poison on account of depression.

The family members of the deceased have also made general

allegations against the present applicant. The Adhar Card filed by

the applicant shows that the applicant's father name is Nirmal

Singh and address is village Khede Ka Pura, Post Rayatpura,

District Bhind, Madhya Pradesh, therefore, prima-facie, it does not

appear that the present applicant was residing with in-laws of the

deceased at village Tekanpur, Police Station Chinor, District

Gwalior, therefore, this case is a fit case to grant anticipatory bail.

Learned Counsel for the respondents argued that the

concerned Police has declared the applicant as an absconder

u/Ss.82 and 83 Cr.P.C. and, therefore, the application u/S.438 of

Cr.P.C. seeking anticipatory bail is not maintainable. In support of

his submissions, counsel for the respondents have relied upon the

case of Lavesh Vs. State (NCT of Delhi), [2012 0 Supreme (SC)

580] and State of Madhya Pradesh Vs. Pradeep Sharma in

Criminal Appeal No.2049 of 2013, passed on 06.12.2013.

However, the above arguments are not acceptable because it does

not question the maintainability of application filed u/S.438 of

Cr.P.C. on account of proceedings u/S.82/83 of Cr.P.C. as the order

passed by Coordinate Bench of this Court in the case of Balveer

Singh Bundela Vs. State of Madhya Pradesh passed in M.Cr.C.

No.5621/2020, on 12.05.2020 wherein, it is held that in

anticipatory bail is maintainable even the person is declared

absconder under Section 82 of Cr.P.C. but on merits case would be

governed by the judgment of Apex Court rendered in the case of

Lavesh (supra). It has further been held that Section 82/83 of

Cr.P.C. is transient provision subject to finality of proceedings as

provided under Sections 84, 85 and 86 of Cr.P.C.

Keeping in view the facts and circumstances of the case and

the material available on record does not disclose the possibility of

applicant fleeing from justice.

Accordingly, without expressing any opinion on merits of

the case, I deem fit appropriate to allow this application u/S.438 of

Cr.P.C. in the following terms.

It is hereby directed that in the event of arrest, the applicant

shall be released on bail on furnishing a personal bond in the sum

of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent

sureties of the like amount to the satisfaction of the Arresting

Authority.

This order will remain operative subject to compliance of the

following conditions :-

1. The applicant will comply with all the terms and conditions of the bond executed by her;

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

3. The applicant will not indulge 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 an offence similar to the offence of which she is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the concerned available Magistrate/Investigating Officer;

7. Applicant shall cooperate in trial/investigation and shall appear as and when required by the Investigating Officer and shall not be a source of embarrassment and harassment to the complainant side in any manner.