Mamta Dubey vs The State Of Madhya Pradesh
2022 Latest Caselaw 7583 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 6th OF JUNE, 2022

                 MISC. CRIMINAL CASE No. 27134 of 2022

         Between:-
         MAMTA DUBEY W/O MUKESH DUBEY , AGED
         ABOUT       57     YEARS, OCCUPATION:
         AGRICULUTUIST VILLAGE PACHORA P S
         KARHIYA, DISTRICT GWALIOR    (MADHYA
         PRADESH)

                                                                 .....PETITIONER
         (BY SHRI ANIL MISHRA, ADVOCATE )

         AND

         THE STATE OF MADHYA PRADESH INCHARGE
         POLICE STATION P S KARAHIYA (MADHYA
         PRADESH)

                                                              .....RESPONDENTS
         (BY SHRI K.S. TOMAR, ADVOCATE FOR THE STATE )

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

Case diary is available.

This first application under Section 439 of Cr.P.C has been filed for grant of bail.

The applicant has been arrested on 17/05/2022 in connection with Crime No.61/2022 registered at Police Station Karahiya District Gwalior (M.P.) for offence under Sections 376(2)(n), 328, 498-A and 34 of the IPC and Section 3/4 of the Dowry Prohibition Act.

It is submitted by the Counsel for the applicant that applicant is mother in

law of the complainant. The allegations are that not only the complainant has been ill treated and harassed for want of dowry but for last one and half years, she was being raped by her younger brother in law and applicant had refused to entertain the complaint made by the complainant and had instructed that she should fulfill the wishes of her younger brother in law. It is submitted that allegations are false and unrealistic. No mother would allow the younger son to commit rape on her daughter in law. She is in jail since 17/05/2022. The trial is likely to take sufficiently long time and there is no possibility of her absconding or tampering with the prosecution case.

Per contra, the application is opposed by the Counsel for the

respondent/State. It is submitted that complainant was physically ravished by her younger brother in law for two and half years but the applicant did not interfere.

Considering the facts and circumstances of the case, 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 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 and others Vs. State of M.P. Passed on 18.03.2021 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) V. JUDGE Prachi

PRACHI MISHRA 2022.06.07 10:46:45 +05'30'