Smt. Pinki Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 7528 MP

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                 BEFORE
              HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                             ON THE 26th OF MAY, 2022

                 MISC. CRIMINAL CASE No. 25862 of 2022

           Between:-
1.         SMT. PINKI RATHORE W/O SHRI LOKENDRA
           SINGH RATHORE, AGE 36 YEARS, OCCUPATION
           : HOUSEWIFE,

2.         BANTI @ CHARAN SINGH S/O SHRI PRAHLAD
           SINGH, AGE 33 YEARS, OCCUPATION : NAUKRI,
           BOTH R/O BARA KOTHI, HANUMAN MANDIR
           KE PICHHE, SIDDH NAGAR, MORENA (MADHYA
           PRADESH)

                                                                 .....APPLICANTS
           (BY SHRI J.S. RATHORE - ADVOCATE )

           AND

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

                                                                .....RESPONDENT
           (SMT. ANJALI GYANANI - ADVOCATE FOR STATE AND SHRI
           UMMED SINGH TOMAR - ADVOCATE FOR 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 bail.

The applicants apprehend their arrest in connection with Crime No.46/2022 registered at Police Station Malanpur District Bhind for offence under Sections 304-B, 498-A of IPC and Section 3/4 of Dowry Prohibition Act.

It is submitted by the counsel for the applicants that applicant No. 1 is the sister-in-law (Nanad) of the deceased, whereas applicant No. 2 is husband of sister-in-law (Nanad) of the deceased (It is made clear that applicants are not husband and wife and applicant No. 2 is the husband of another sister-in-law (Nanad) of the deceased). The allegations are that the deceased was married to Ramu on 13.07.2016 and she committed suicide by jumping from the third floor of the house along with her 18 months' old child. The allegations are that the in- laws including the applicants were harassing and treating the deceased with cruelty for a bullet motorcycle and a buffalo. It is submitted that the applicants have nothing to do with the family affairs of the deceased and her husband. Both are having their indpendent and separate family and living separately. They are ready

and willing to cooperate with the investigation. The Trial is likely to take sufficiently long time and there is no possibility of their absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State as well as counsel for the complainant. It is submitted by Shri Tomar that the applicants are also the residents of same locality and they were interfering with day to day family affairs of the deceased and her husband.

Considering the totality of the facts and circumstances of the case, specifically that the applicant No. 1 is sister-in-law (Nanad) of the deceased and applicant No. 2 is the husband of another sister-in-law (Nanad) of the deceased and there are vague and omnibus allegations against them, without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with one surety in the like amount each 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 Abhi

ABHISHEK CHATURVEDI 2022.05.26 17:06:50 +05'30'