Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 1125 (MP)

Sukhmanti Yadav v. State Of M. P.

2020-10-14

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - This is the first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. 2. The applicant apprehends her arrest in connection with Crime No. 56/2020 registered at P.S.Dabhora, District-Rewa for the offence punishable under Section 302 of the IPC. 3. As per the prosecution, the applicant along with her three daughters, aged 2,4 and 6 years respectively left her home on account of a dispute with the family members (in-laws) and committed suicide after throwing her daughters in the well. When the bodies of all the four persons were found on the next day, three daughters were already dead, however, the applicant survived. 4. Learned counsel for the applicant has submitted that applicant has been falsely implicated. It is stated that she was forcefully thrown along with her three daughters in the well by her in-laws, taking the advantage of absence of her husband at home as they were annoyed with her for giving birth to daughters only. It is further submitted that earlier also in the year 2018, the in-laws had harassed her due to which a complaint was lodged against them by dialing 100 which was later on compromised, and the husband had filed an affidavit that he and his parents will not harass the applicant in future. It is stated that applicant herself is a victim and the cruelty and harassment meted out to her. Lastly, it is submitted that applicant is ready to cooperate in the investigation and trial. She may be released on anticipatory bail. 5. Learned PL has vehemently objected to grant of bail. She has submitted that the in-laws of the applicant have searched her in the night, but could not find, and thereafter called dial 100. It is submitted that in the next morning the body of the applicant and three minor daughters were found floating in the well, and thereafter a report was lodged. 6. Considered the submissions of learned counsel for the parties and perused the material available on record. Even if the applicant along with her three minor daughters tried to commit suicide due to harassment by the family members (in-laws),though she survived unfortunately her daughters could not,a sympathetic approach is,therefore,required to be taken looking to the facts and circumstances of the case. Considered the submissions of learned counsel for the parties and perused the material available on record. Even if the applicant along with her three minor daughters tried to commit suicide due to harassment by the family members (in-laws),though she survived unfortunately her daughters could not,a sympathetic approach is,therefore,required to be taken looking to the facts and circumstances of the case. Hence, without expressing any view on the merits of the case, this application is allowed. 7. It is directed that in the event of arrest, applicant Sukhmanti Yadav 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 arresting officer. 8. 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 him; 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 from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant will not seek unnecessary adjournments during trial; 5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 6. If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court." 9. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Ms. Preeti Khanna, learned Panel Lawyer, on their respective email addresses, for intimation to the police station concerned. 10. Certified copy/e-copy as per rules/directions.