S.A. Dharmadhikari, J
The applicant has filed this First application u/S 438, Cr.P.C. for grant of bail.
Applicant apprehends arrest in connection with Crime No. 348/2021 registered at Police Station Mehgaon, District Bhind for the offence punishable
under section 306, 34 of IPC.
Allegation against the applicant and other co-accused persons, in short, is that on account of dowry demand related cruelty inflicted by the applicant
and other co-accused persons to the deceased, who is sister-in-law (Bhabi) of the applicant, the deceased committed suicide by hanging herself. On
the basis of aforesaid, crime has been registered.
Learned counsel for the applicant submits that applicant aged 40 years has been falsely implicated in the case. According to him, looking to the
prosecution version, ingredients of Section 107 of the IPC are not attracted to the fact situation in hand and, as such, offence under Section 306 of the
IPC is not made out. There are omnibus allegations against the applicant. It is also submitted by the learned counsel for the applicant that the applicant
has not instigated or tortured the deceased to commit suicide. There is no instigation or mens rea, therefore, the said allegation cannot be levelled
against the applicant. There is no active or direct act of the applicant which leads the deceased to commit suicide. In fact, the applicant had married
with one Suresh Singh 20 years ago and has been residing with her husband at Sundarpura, Dist. Bhind and she is having three children. The applicant
was not present on the spot of incident and the father of the deceased has not levelled any specific allegations against the applicant in regard to
harassment or cruelty soon before the death of the deceased. It is further submitted that in view of outbreak of COVID 19, detention of the applicant
in already congested prison may be detrimental. The applicant is permanent resident of District Bhind and there is no likelihood of her absconsion or
tampering with the prosecution evidence. She is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid
submissions, prayer for grant of anticipatory bail is made.
Learned State counsel opposed the application on the ground that applicant is absconding since the date of registration of FIR. Investigation against
the applicant is pending and custodial interrogation is required and prayed for its rejection by contending that on the basis of the allegations and the
material available on record, no case for grant of anticipatory bail is made out.
Accordingly, without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is
hereby directed that in the event of arrest of applicant, she shall be released on bail on her furnishing a personal bond of Rs. 50,000-/-(Rupees Fifty
Thousand only) with two local solvent sureties in the like amount to the satisfaction of Arresting Authority for her appearance on the dates given by
the concerned Court. The applicant shall also furnish a written undertaking that she will abide by the terms and conditions of various circulars, as well
as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing,
physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. She will cooperate in the investigation/trial, as the case may be;
2. She will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her
from disclosing such facts to the Court or to the Police Officer, as the case may be;
3. She shall not commit an offence similar to the offence of which she is accused;
4. She will not seek unnecessary adjournments during the trial;
5. She will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
6. She shall install Arogya Setu App.(If not already installed) in the mobile phone; and
7. If, the applicant commits any offence after being released on anticipatory bail, then this bail order shall automatically stands cancelled without
further reference to this Court.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and
necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.
Certified copy/e-copy as per rules/directions.
