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2020 DIGILAW 880 (MP)

Vimla Arya v. State Of Madhya Pradesh

2020-09-09

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - Heard. 2. Case diary perused. 3. The applicant has filed this second bail application under section 439 of the Cr.P.C. for grant of bail. The first bail application was dismissed as withdrawn vide order dated 20.03.2020 in M.Cr.C. No.4991/2020. 4. The applicant is in custody since 20.12.2019 in connection with Crime No. 581/2019 registered at Police Station Kotwali, District Chhatarpur (M.P.) for the offences punishable under Sections 498-A, 304-B/34 of IPC and 3/4 of the Dowry Prohibition Act. 5. The allegation against the present applicant, who is the mother-in-law of the deceased Anju is that within seven years of her marriage, she was harassed for dowry and was given poison in her food as a result of which she died. 6. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. There was no allegation regarding harassment or demand of dowry prior to the incident against the present applicant. Even after the incident though the parents/family members of the deceased were present in the house they never came forward to make any complaint regarding demand of dowry or harassment by the present applicant. It is submitted that the statements recorded after one month of the date of incident is after thought and prays that looking to the age of the applicant, who is 60 years of age, she may be enlarged on bail. 7. On the other hand, learned Panel Lawyer vehemently opposed the bail application and prayed for its rejection. However, it is fairly submitted that the parents of the deceased whose statements were recorded after one month of the incident were present in the house of the deceased even prior to the date of incident and during that one month no one came forward to make any complaint against the present applicant. 8. Considering the facts and circumstances of the case and the statements recorded in the case diary, this application is allowed. 9. It is directed that applicant Smt. Vimla Arya shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for her presence before the said Court on all the dates of hearing fixed in this regard during the trial. 10. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for her presence before the said Court on all the dates of hearing fixed in this regard during the trial. 10. 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 herself 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 any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench. 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the petitioner during period of bail as a consequence of this order. 11. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Sheetal Tiwari, learned Panel Lawyer, on their respective e-mail address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below. 12. Certified copy/e-copy as per rules/directions.