Citation : 2026 Latest Caselaw 2879 MP
Judgement Date : 23 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:23775
1 MCRC-5950-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 23rd OF MARCH, 2026
MISC. CRIMINAL CASE No. 5950 of 2026
SMT GUDDI BAI RAJPUT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vivek Kumar Pandey - Advocate for the applicant.
Shri Aditya Gupta, P.L. appeared for respondent/State.
ORDER
This is first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.397/2025 registered at Police Station - Tilwara, District - Jabalpur for the offences punishable under Sections 80 (2), 3 (5) of the BNS, 2023. The applicant is in custody since 28.11.2025.
2. As per prosecution story, on 27.10.2025 deceased committed suicide by hanging herself due to harassment and torture given by the applicant and
other family members for demand of dowry. F.I.R was registered.
3. Learned counsel for the applicant submits that the present applicant is a woman aged about 42 years. She is first wife of her father-in-law. She is innocent and has been falsely implicated. It is submitted that only general allegations are made against the present applicant. Charge sheet has been filed. She is in detention since 28.11.2025. It is submitted that the marriage
NEUTRAL CITATION NO. 2026:MPHC-JBP:23775
2 MCRC-5950-2026 of the deceased and applicant was love marriage. Except general allegations, no other material is available against the applicant. He has submitted that even no independent witnesses like neighbour statement are recorded and only near relative statement is recorded, whereby also, there are no specific allegation against the present applicant in any manner, therefore, considering that applicant being lady aged 35 years and considering the general allegation by mother and brother of the deceased, case of the applicant is required to be considered.
4. Learned counsel for the State has opposed the prayer for grant of bail by referring to the statement of the mother and brother of the deceased and submitted that all the family members are harassing the deceased. The incident has taken place within seven years of marriage. Therefore, counsel
for the State has submitted that considering the case diary and seriousness of the offence, no discretion should be exercised in favour of the applicant.
5. I have considered the submissions made at the Bar. The applicant is a mother-in-law (first wife of father-in-law) aged 42 years. She is in detention 28.11.2025. Charge sheet has already been filed. Considering the case papers, prima facie, it transpires that only general allegations are made by mother and brother of the deceased. There is no other material available for perusal in papers of charge sheet. Considering the totality of facts and circumstances and considering the observation made in the judgment of Apex court Hon'ble Apex Court in the recent judgment in the case of State of U.P. Vs. Anirudh and another [2026 SCC OnLine SC 40], whereby the Court has observed regarding such relationship which can be considered as Romeo
NEUTRAL CITATION NO. 2026:MPHC-JBP:23775
3 MCRC-5950-2026 and Juliet relationship. Considering these aspects and considering the principle 'bail is the rule, jail is the exception' as well as Article 21 of the Constitution of India, but without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. 6 . It is directed that applicant be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for her regular appearance before the trial Court during trial with a condition that she shall remain present before the concerned Court on all the dates fixed by it during trial and shall co-operate in trial. She will not try to influence any witness. She will cooperate in the trial proceedings. She will provide address and phone number to the concerning court and police station. She shall abide by all the conditions enumerated under Section 480(3) of BNSS, 2023. 7 . This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(SANDEEP N. BHATT) JUDGE
MKL
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