Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 690 (MP)

Madhu Sharma v. State of M. P.

2014-06-20

SUSHIL KUMAR PALO

body2014
Judgment: Sushil Kumar Palo, J. 1. Heard. 2. I.A. No. 4075/2014 under Section 301(2) of Cr.P.C. Has been filed by Shri Pankaj Saxena, Advocate, for the complainant Brajmohan Kishore Sharma to assist the prosecution. 3. Considered. Application is allowed. 4. Applicant has filed an application under Section 439 of Cr.P.C. before 7th A.S.J., Gwalior which was rejected on 6.5.2014. 5. The present applicant Smt. Madhu Sharma has filed this first application under Section 439 of the Cr.P.C. for grant of bail before this Court. 6. Crime No. 253/14 is registered at Police Station Thatipur District Gwalior (M.P.) for the offences punishable under Sections, 304-B, 498-A, 201/34 of IPC and under Section 3/4 of Dowry Prohibition Act against the applicant and other accused persons on the ground that deceased Sudha Sharma was married to Anurag Sharma on 7.3.2014. Rakesh and Rajesh are brothers-in-law of the deceased. Ramavatar is father-in-law of the deceased and Reshamdevi is mother-in-law of the deceased. Applicant Madhu, is sister-in-law (Jethani) of the deceased. 7. It is alleged that, one Bolero vehicle and Rs. 4,00,000/- were demanded from the deceased as dowry. The deceased was being harassed and was subjected to cruelty. On 29.4.2014, there was a marriage ceremony. Deceased went to her in-laws place. She narrated to Rama (Bhabhi of the deceased) about demand of Bulero vehicle and Rs. 4,00,000/-. Rama consoled her that she will speak to her in-laws after the marriage ceremony. On 2.5.2014, at about 4 P.M., brother-in-law of the deceased Sudha informed the parents of the deceased that Sudha has met with an accident and has been hospitalized. They went to the hospital and found her in a stretcher. Written report was lodged at Thatipur Police Station. On the basis of which, the crime was registered. 8. On behalf of the applicant, it is submitted that the applicant is wife of the elder brother of the husband of the deceased and she is residing separately alongwith her husband. She has been falsely implicated. It is also argued that the applicant was not present at the time of the incident. The incident took place accidentally when a fire arm kept in a bag which hit the deceased and she sustained injuries, due to which she died. The story has been moulded to that of "dowry death". 9. She has been falsely implicated. It is also argued that the applicant was not present at the time of the incident. The incident took place accidentally when a fire arm kept in a bag which hit the deceased and she sustained injuries, due to which she died. The story has been moulded to that of "dowry death". 9. Learned Panel Lawyer opposed the application for bail on the ground that it is a case of dowry death. 10. Applicant is a lady of 40 years, who is the daughter-in-law of the family of the accused persons. A considerable time will take for disposal of the case. 11. Keeping in view the above circumstances, the application for bail is allowed. and it is directed that the applicant shall be released on bail on her furnishing a personal bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial. 12. 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 themselves 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 they are accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. In case of any breach of any of the conditions above the learned Trial Court would be at liberty to reconsider on the question of bail. 13. Certified copy as per rules.