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Madhya Pradesh High Court
Najma Bee vs The State Of Madhya Pradesh on 8 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9506
1 MCRC-15055-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 8 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 15055 of 2026
NAJMA BEE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vijay Sharma, Advocate for the applicant.
Shri Viraj Godha, Govt. Advocate for the respondent/State.
ORDER
This first bail application has been filed by applicant under Section 482 of
Bharatiya Nagarik Suraksha Sanhita 2023 for grant of anticipatory bail in
connection with Crime No.146/2026 registered at Police Station-Dindayal Nagar,
District-Ratlam(M.P.) for offence punishable under Sections 108 and 3(5) of the
BNS, 2023. Applicant is apprehending her arrest in the matter.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case diary
and the relevant material on record.
Learned Counsel for the applicant, in addition to the grounds mentioned in
the application, submits that the applicant is falsely implicated in the alleged
offence merely for the reason that she is mother-in-law of deceased Yasmin Bee
W/o Irshad. No complaint regarding harassment or ill-treatment by the applicant
NEUTRAL CITATION NO. 2026:MPHC-IND:9506
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was lodged during lifetime of Yasmin Bee or immediately after her death. False
allegations of taunting and harassment are levelled against the applicant under
frustrations and dismay over untimely death of Yasmin. Learned counsel further
submits that Yasmin and her husband Irshad were residing with separate
accommodation. Allegedly, Yasmin was anguished due to alcoholism of Irshad
and outstanding loans. No offence, as alleged, is committed by the applicant. The
applicant is aged around 65 years and is a house-maker. She is suffering from
multiple ailments. She recently lost her husband and undergoing Iddat period.
Custodial interrogation of the applicant is not needed in the matter. Jail
incarceration on false accusation would cause hardship to the applicant. Applicant
is ready to cooperate in the investigation. Therefore, applicant be extended the
benefit of anticipatory bail.
Per contra, learned Counsel for the State opposes the bail application on the
ground of gravity of alleged offence. However, after going through the case diary,
he fairly states that no criminal antecedent is reported against the applicant.
As per accusation on case diary, Yasmin Bee hanged herself with rope
from a tree behind her house in the intervening night of 18.02.2026 and
19.02.2026. The P.S. Dindayal Nagar registered an Unnatural Death Intimation
No.12/2026. The dead body of Yasmin Bee was forwarded for postmortem
examination. The relatives of Yasmin Bee stated that Yasmin was married to
Irshad on 01.01.2014. They were blessed with two sons. Yasmin and Irshad
shifted to a rented house two years after their marriage. Irshasd was habitual
consumer of liquor. He lost source of earning. Irshad used to man-handle Yasmin
Bee under intoxication. Najma Bee(applicant), mother-in-law of Yasmin Bee
used to taunt and misbehave with her over ill-habits of her son Irshad. Irshad
NEUTRAL CITATION NO. 2026:MPHC-IND:9506
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pressurized Yasmin to take group loan, but consumed liquor from the amount of
loan. Yasmin was frustrated due to non-payment of loan and daily quarrel by her
husband Irshasd. Ammu Shah, father-in-law of Yasmin Bee expired two and half
months ago. Yasmin took another group loan, but could not repay it. On
18.02.2026. Irshad and Najma @ Najju quarreled with Yasmin. Yasmin informed
her mother on the same day. Yasmin and Irshad compelled Yasmin to execute a
stamp for payment of loan amount. Yasmin has committed suicide due to
harassment of Irshad and Najma Bee. On such allegations, PS Dindayal Nagar
registered FIR for offence punishable under Sections 108 and 3(5) of BNS, 2023.
Irshad was arrested. The statement of witnesses have been recorded. The
statement of Imran Shah, Razia Bi and Amrin Bi prima-facie reveals that Yasmin
Bee was mainly frustrated due to ill-habit and quarrels of Irshad and failure to
repay the group loan. The contentions advanced by learned counsel for the
applicant has prima-facie substance. The veracity of the prosecution and
complicity of the applicant in the alleged offence will be considered on merit after
evidence.
Considering the age, profession and status of the applicant, there appears
to be no likelihood of fleeing from justice or involving in any criminal activity. In
absence of criminal antecedents, considering the socio-economic status of the
applicant, there appears to be no likelihood of tampering with the evidence,
influencing the witness or interfering in the investigation by the applicant. The
incarceration of applicant does not appear to be necessary for the purpose of
investigation. The grant of anticipatory bail to the applicant will not cause
prejudice to free, fair and full investigation. Considering her clean past, age,
status and profession, the applicant may suffer hardship and prejudice due to
NEUTRAL CITATION NO. 2026:MPHC-IND:9506
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incarceration entailing social disrepute and humiliation. Considering the overall
circumstances of the case, but without commenting on merits of the accusation,
this Court is inclined to grant anticipatory bail to the aged applicant. Thus, the
application is allowed.
Accordingly, it is directed that in the event of arrest of applicant -Najma
Bee shall be released on bail in connection with Crime number as mentioned in
the first paragraph of this order, upon furnishing a personal bond in the sum of
Rs. 50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the same
amount to the satisfaction of the Officer making arrest, for compliance with the
following conditions: (For convenience of understanding by accused and surety,
the conditions of bail are also reproduced in Hindi as under):-
1) Applicant shall make himself available for investigation as may be directed by the
Investigation Officer.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k रहे गीA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवे दका leku izd`fr dk dksbZ vijk/k ugha djsxh ;k mlesa lfEefyr ugha होगीA
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to
any person acquainted with the facts of the case so as to dissuade them/him/her from
disclosing such facts to the Court or to the police officer;
(3) आवे दका izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu
ugha दे गी, ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or
allure, pressurize or threaten the witness;
(4)आवे दका izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks
cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha करे गीA
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309
of Cr.P.C/346 of the BNSS. regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवे दका धारा ३०९ दं . .सं./
३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गी ।
This order shall be effective till the end of trial. However, in case of breach
of any of the preconditions of bail, the trial Court may consider on merit,
cancellation of bail without any impediment from this order.
The Investigation Officer /trial Court shall get these conditions reproduced
on the personal bond by the accused and on surety bond by the surety concerned.
NEUTRAL CITATION NO. 2026:MPHC-IND:9506
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If any of them is unable to write, the scribe shall certify that he/she had explained
the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
pn
