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Madhya Pradesh High Court · body

2012 DIGILAW 1004 (MP)

Rajkumari v. State of M. P.

2012-10-05

SHEEL NAGU

body2012
Judgment Sheel Nagu, J.;- 1. Case Diary is perused. Learned counsel for the rival parties are heard. 2. The applicant has filed this first application u/S 439, Cr. P.C. for grant of bail. The applicant has been arrested by Police Station Dehat Bhind, District Bhind in connection with Crime No. 312/2012 registered in relation to the offences punishable u/S. 304B, 498A/34 of IPC and section 3/4 of Dowry Prohibition Act. 3. Learned Public Prosecutor for the State opposed the application 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 bail is made out. 4. Considering the facts that the applicant is in jail since 16.08.2012 and the charge sheet has since been filed and the prosecution story discloses that the eyewitness Saurabh has stated to have seen the deceased having verbal altercation with her husband co-accused Sanju culminating into accused Sanju strangulating the deceased and no overt act has been attributed to the present applicant who is a woman aged 52 years and mother-in-law of the deceased except omnibus allegations of dowry demand related cruelty and pro-longed pre-trial detention is an anathema to the concept of liberty and possibilities of early conclusion of the trial is bleak, this Court is inclined to extend the benefit of bail to the applicant. 5. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned Trial Court. 6. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant will comply with all the terms and conditions of the bond executed by her; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant 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; 4. The applicant shall not commit an offence similar to the offence of which she is accused; 5. The applicant shall not commit an offence similar to the offence of which she is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.