Madhya Pradesh High Court
Neha Jain vs The State Of Madhya Pradesh on 26 December, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA
PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 26 th OF DECEMBER, 2023
(THROUGH VIDEO CONFERENCING)
MISC. CRIMINAL CASE No. 56405 of 2023
BETWEEN:-
NEHA JAIN W/O PRADEEP JAIN, AGED ABOUT 34
Y E A R S , OCCUPATION: HOUSE WIFE R/O
JHARIYAPURA WARD NO 8 KATERA TEHSIL
MAURANIPUR P.S. KATERA DISTRICT JHANSI
(UTTAR PRADESH)
.....APPLICANT
(BY SHRI KULDEEP SINGH RAJPUT - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION AMLAI DISTRICT SHAHDOL
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI A.S. BAGHEL - GOVERNMENT ADVOCATE)
T h is application coming on for admission this day, t h e court
passed the following:
ORDER
Case diary is available.
2. This first application under Section 438 of Cr.P.C. has been filed for
grant of anticipatory bail.
3. Applicant is apprehending her arrest in connection with Crime
No.371/2023 registered at Police Station Amlai District Shahdol for
offence under Sections 306, 34 of the IPC.
4. It is submitted by counsel for the applicant that the applicant is sister-
in-law of deceased. Deceased was married about ten months back with
brother of applicant. Applicant is a resident of Jhansi. Only allegation
against the applicant is that she was instigating her brother on phone and
accordingly, husband of deceased was misbehaving with deceased. It is
submitted that applicant has nothing to do with family affairs of her
brother. There is a tendency of over implicating near and their relatives of
husband of deceased. The applicant is ready and willing to co-operate in
the investigation. The trial is likely to take sufficiently long time.
5. Per contra, application is vehemently opposed by counsel for the
State. However, it is fairly submitted that except the allegation of
instigating her brother on phone, there is no allegation of demand of
dowry.
6. Considering the nature of allegation made against the applicant
coupled with the fact that she is resident of Jhansi (as disclosed by her in
cause title) as well as the fact that applicant is a lady, this Court is of
considered opinion that application for grant of anticipatory bail can be
allowed.
7. Accordingly, in case if the applicant appears before Investigating
Officer on or before 05/01/2024 and furnishes a personal bond in the sum
of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety
in the like amount to the satisfaction of the concerned Investigating
Officer, then she shall be released by the Investigating Officer.
8. It is made clear that in case if applicant fails to appear before the
Investigating Officer on or before 05/01/2024, then this order shall lose its
effect.
9. In the light of judgment passed by the Supreme Court in the case of
Aparna Bhat & Ors. Vs. State of M.P. passed on 18/03/2021 in
Criminal Appeal No.329/2021, intimation regarding grant of bail be sent
to the complainant.
10. The application succeeds and is allowed.
(G.S. AHLUWALIA)
V. JUDGE
pn
