Smt Ashwini Devi vs The State Of Madhya Pradesh
2023 Latest Caselaw 22544 MP

Madhya Pradesh High Court

Smt Ashwini Devi vs The State Of Madhya Pradesh on 27 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                               1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 27 th OF DECEMBER, 2023
                                             (THROUGH VIDEO CONFERENCING)
                                           MISC. CRIMINAL CASE No. 56583 of 2023

                           BETWEEN:-
                           SMT ASHWINI DEVI W/O LATE SHRI SURENDRA SINGH,
                           AGED 33 YEARS, OCCUPATION HOUSEWIFE R/O
                           UTTAMPURA KANHA WALI GALI ANAND NAGAR,
                           MORENA (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI AWADESH PRATAP SINGH SISODHIYA - ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION - STATION ROAD, DISTRICT MORENA
                           (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI A.K.NIRANKARI - PUBLIC PROSECUTOR)

                                  This application coming on for hearing this day, the 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. Ap p lic ant is apprehending her arrest in connection with Crime No.637/2023 registered at Police Station - Station Road, District Morena for offence under Sections 306, 34 of IPC.

4. I t is submitted by counsel for the applicant that according to the

prosecution case, applicant along with her son was harassing her husband and, therefore, he committed suicide. It is submitted that allegations are false and the marriage took place about 15 years back. The applicant is a lady. The trial is likely to take sufficiently long time and there is no possibility of her absconding or tampering with prosecution case.

5. Per contra, application is vehemently opposed by counsel for the State.

6. Considering the nature of allegations, this Court is of the considered opinion that it is a fit case for grant of anticipatory bail. Accordingly, the application is allowed. It is directed that if the applicant appears before Investigating Officer on or before 05.01.2024 and furnishes 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 Investigating Officer, then he 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. Certified copy as per rules.

(G.S. AHLUWALIA) V. JUDGE Avi