Rajani Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 8329 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                              ON THE 23rd OF JUNE, 2022

        MISCELLANEOUS CRIMINAL CASE No. 26668 of 2022

         Between:-
         RAJANI BAGHEL AGED 32 YEARS, W/O SHRI
         MANOJ BAGHEL, OCCUPATION HOUSE WIFE,
         R/O VIJAYGARH POLICE STATION PAVAI
         DISTRICT BHIND (MADHYA PRADESH)

                                                                .....APPLICANT
         (BY SHRI RAM KISHORE SHARMA - ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION PAVAI DISTRICT BHIND
         (MADHYA PRADESH)

                                                             .....RESPONDENT
         (SMT. ANJALI GYANANI - PUBLIC PROSECUTOR FOR THE STATE
         AND SHRI S.S. KUSHWAH - ADVOCATE FOR THE COMPLAINANT)

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

Case diary is available.

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime No.125/2020 registered at Police Station Pavai, District Bhind for offence under Sections 304-B, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.

It is submitted by the counsel for the applicant that the applicant is Jethani of the deceased. The police had not charge-sheeted the applicant. The

Trial Court has taken congnizance under Section 319 of Cr.P.C. The applicant had nothing to do with the family affairs of the deceased. The applicant is residing separately. She is ready and willing to abide by any stringent condition which may be imposed by the Court and undertakes to appear before the Trial Court regularly.

Per contra, the application is vehemently opposed by the counsel for the State as well as counsel for the complainant. The counsel for the State by reading out the statement of the father of the deceased pointed out that it was specifically alleged that the applicant used to beat the deceased.

Considering the totality of the facts and circumstances of the case

coupled with the fact that the applicant is Jethani and she has been summoned as an additional accused by the Trial Court in exercise of powers under Section 319 of Cr.P.C., but without commenting on the merits of the case, the application is allowed and it is directed that in case if the applicant appears before the Trial Court on or before 30.6.2022, then 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 concerned Trial Court.

It is made clear that in case if the applicant fails to appear before the Trial Court on or before 30.6.2022, then this order shall lose its effect.

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.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.06.24 17:17:35 +05'30'