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Madhya Pradesh High Court · body

2013 DIGILAW 203 (MP)

Sudama W/o Ramji Upadhyaya v. State of M. P.

2013-02-15

N.K.GUPTA

body2013
ORDER : 1. Heard on I.A. No. 3768/2013, an application for urgent hearing. 2. Since the case diary is available, the application is allowed. 3. The applicants are apprehending their arrest in connection with Crime No. 410/2012 registered at Police Station Salimanbad District Katni for the offence punishable under section 306/34 of Indian Penal Code. 4. Learned counsel for the applicants submits that the applicants are reputed citizen of the locality, who have no criminal past alleged them. They are old persons of 75 and 80 years of age. The deceased was the daughter-in-law of the applicants, who died after seven years of her marriage. No offence under section 304-B of Indian Penal Code is made out against the applicants. No offence under section 302 of Indian Penal Code is registered against the applicants, because there is no cogent evidence against the applicants for that offence. Only suspicion is shown by the parents and relatives of the deceased. After the death of the deceased, the parents and relatives have made omnibus allegations against the applicants and all family members. The overt acts as alleged against the present applicants do not fall within the purview of section 107 of Indian Penal Code, therefore no offence under section 306 of Indian Penal Code is made out against the applicants. The police is unnecessarily harassing the applicants. Under these circumstances, they pray for anticipatory bail. 5. Learned counsel for the State opposes the application. 6. Learned counsel for the objector submits that the applicants killed the deceased. 7. Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the applicants have a good case for grant of bail of anticipatory nature. Consequently, this application under section 438 of Criminal Procedure Code is hereby allowed. 8. It is directed that in the event of arrest, present applicants namely Smt. Sudama Upadhyaya and Ramji Upadhyaya shall be released on bail on their furnishing a personal bond in the sum of Rs. 35,000/- (Rupees thirty five thousand) each with one surety in the like amount to the satisfaction of the Arresting Authority. 9. The applicants shall make themselves available for interrogation by a police officer as and when required. 35,000/- (Rupees thirty five thousand) each with one surety in the like amount to the satisfaction of the Arresting Authority. 9. The applicants shall make themselves available for interrogation by a police officer as and when required. They shall further abide by the other conditions enumerated in sub-section (2) of section 438 of Criminal Procedure Code. 10. This order shall remain in force for a period of 60 days and in the meanwhile, if the applicants so desire, may move an application for regular bail before the competent Court, Certified copy as per rules.