Smt. Mahadevi Rawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 8792 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 1st OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 28583 of 2022

        Between:-
1.      SMT. MAHADEVI RAWAT W/O SHRI JYENDRA
        SINGH RAWAT, AGED ABOUT 50 YEARS, R/O
        MAHARAJPURA, POLICE STATION DABRA
        DEHAT,   DISTRICT  GWALIOR   (MADHYA
        PRADESH)

2.      SMT. CHOTI RAWAT W/O SHRI KALLI RAWAT,
        AGED ABOUT 40 YEARS, R/O GRAM KOTRA,
        THANA    GORAGHAT,    DISTRICT   DATIA
        (MADHYA PRADESH)

                                                              .....PETITIONERS
        (BY SHRI SURENDRA SINGH - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION GORAGHAT, DISTRICT DATIA
        (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR )

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

following:
                                    ORDER

Case diary is available.

This second repeat application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail. First bail application of the applicant was dismissed by order dated 19/04/2022 passed in MCRC No.18144/2022.

The applicants apprehend their arrest in connection with Crime No.07/2022 registered at Police Station Goraghat, District Datia for offence

under Sections 304-B, 498-A, 34 of IPC and under Section 3/4 of the Dowry Prohibition Act.

It is submitted by the counsel for the applicants that after the rejection of the first bail application of the applicants, co-accused Radha who is also sister- in-law of the deceased has been grated anticipatory bail by the Supreme Court by order dated 12/05/2022 passed in SLP (Cri.) No.2974/2022. It is submitted that the allegations made against the applicants, who are also sister-in-law of the deceased are identical to that of the allegations made against co-accused Radha. The applicants are ready and willing to co-operate in the investigation. The Trial is likely to take sufficiently long time and there is no possibility of their

absconding or tampering with prosecution witnesses.

Per contra, the application is vehemently opposed by the Counsel for the State. However, it is submitted by the counsel for the State that according to the prosecution case they used to harass the deceased on account of non- fulfillment of demand of Rs.1,00,000/- and a motorcycle. However, it is fairly conceded that the allegations made against the applicants are identical to that of allegations made against co-accused Radha and has been granted anticipatory bail by the Supreme Court.

Considering the totality of 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 applicants appear before the Investigating Officer (Arresting Officer) on or before 08/07/2022, they shall be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with one surety each in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicants shall make themselves available for interrogation by the

Investigating Officer as and when required. They 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 applicants fail to appear before the Investigating Officer (Arresting Authority) on or before 08/07/2022, then this order shall lose its effect and the Investigating Officer shall be at liberty to take them 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.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.01 18:18:23 -07'00'