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Madhya Pradesh High Court · body

2014 DIGILAW 535 (MP)

Sonali v. State of M. P.

2014-05-06

N.K.GUPTA

body2014
ORDER 1. The applicants have an apprehension of their arrest in Crime No.49/2014 registered at Police Station Gourjhamar, District Sagar for offences punishable under sections 307, 302, 201 of IPC. 2. Learned counsel for the applicants submits that applicants are reputed citizens of the locality, who have no criminal past alleged against them. The daughter of the applicants died on 28.10.2012 due to drowning by an accident. After keeping silence for two years, the Police has registered a case of murder. There is no ocular evidence against the applicants. By only suspicion, the case is registered. If the applicants would have committed murder of one daughter, then the second daughter could not survive after 2½ years of age. The applicants assure that they will co-operate in the investigation. Registration of a case after two years of the incident indicates that a false case has been lodged against the applicants. The police is unnecessarily harassing the applicants and therefore, they pray for bail of anticipatory nature. 3. Learned G.A. opposes the application. 4. Keeping in view the submissions made by learned counsel for the applicant and the facts and circumstances of the case, I am of the view that this is a fit case for grant of anticipatory bail to the applicants. Consequently, this application under section 438 CrPC is hereby allowed. 5. It is directed that in the event of arrest, applicants Smt. Sonali and Nishchal Jain shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) each with one solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigation Officer). 6. The applicants shall make themselves available for interrogation by a police officer as and when required. The applicants shall further abide by the conditions enumerated in sub-section (2) of section 438 of CrPC. 7. This order shall remain in force for a period of 60 days and in the meanwhile, if the applicants so desires, may move an application for regular bail before the competent Court.