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Madhya Pradesh High Court · body

2020 DIGILAW 722 (MP)

Diksha v. State of M. P.

2020-07-10

VIRENDER SINGH

body2020
ORDER 1. This is the first application under section 439 of Cr.P.C. in connection with Crime No. 307/2020 for the offence punishable under sections 304 B, 498 A and 34 of IPC registered at police station Dwarkapuri, Indore. 2. According to prosecution case, Nikita married Durgesh on 3.5.2019. On 19.10.2019 she committed suicide by hanging herself. There is no suicide note. No dying declaration is recorded as she was brought dead to the hospital. On the basis of allegation made by the mother that due to non-compliance of demand of Rs. 5 Lacs,petitioner and other co-accused persons were harassing her, therefore she committed suicide, the police have registered this case after 8 months of the incident on 25.10.2019, but in his statement, father of the deceased has made no such allegation. Before the incident, the deceased was at her maternal home and was brought back by her husband Durgesh and Sister-in-law Diksha (petitioner) just a day prior to the incident. 3. It is argued by the learned counsel that the petitioner is aged 25 years. She is a Swimming coach and works from 10 to 5 pm. The father has admitted that after reaching her matrimonial home, she called and informed about her well being. Mother of the petitioner is a divorced woman. Petitioner has a younger sister aged 23 years who is differently able and cannot move without external assistance or help. The entire family has been jailed except younger sister of the petitioner, who is at present alone at home without any help, therefore, she be granted bail. 4. Having regard to the allegation made against the petitioner and the aforesaid facts and circumstances of the case, I deem it proper to allow this application, therefore, without commenting on merits of the matter, the application is allowed. 5. It is directed that the petitioner Ku. 4. Having regard to the allegation made against the petitioner and the aforesaid facts and circumstances of the case, I deem it proper to allow this application, therefore, without commenting on merits of the matter, the application is allowed. 5. It is directed that the petitioner Ku. Diksha be released from custody on her furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety to the satisfaction of the trial Court for her appearance before the trial Court as and when required, further subject to the following conditions :- (i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.; (ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court; (iii) The petitioner shall not commit any offence or involve in any criminal activity; (iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.