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2022 DIGILAW 1462 (MP)

Hemlata Sahu v. State of Madhya Pradesh

2022-12-08

SANJAY DWIVEDI

body2022
JUDGMENT Sanjay Dwivedi, J. - The applicant has filed this first bail application under Section 438 of the Code of Criminal Procedure in anticipation of her arrest in Crime No.433/2022 registered at Police Station Chola Mandir, District Bhopal, for the offence punishable under Sections 498A and 304B/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. 2. Learned counsel for the applicant submits that the deceased died within two years of the marriage committed suicide by hanging herself on the basis of allegation made by the parents, FIR lodged offence registered against the present applicant. He submits that the husband of the decease has also committed suicide on the very next day when his wife committed suicide. The present applicant is a sister-in-law (jathani) residing separately having a child of one year. The husband of the present applicant has been granted bail under Section 439 of Cr.P.C. by the trial Court. He further submits that under such circumstance and ominous allegation made against the present applicant and husband has also been granted bail. The bail application of the present applicant shall also be considered. 3. Shri Bajpai, learned the counsel for the State, on the other hand, has opposed the bail application and submits that specific allegation made against the present applicant and other co-accused person granted bail but those bail where under section 439 of Cr.P.C. therefore, present applicant cannot be granted benefit of Section 438 of Cr.P.C. considering the case of other co-accused person. 4. After hearing submission made by counsel for the parties and perusal of case diary, I am of the opinion that the benefit of section 438 of Cr.P.C. can be granted to the applicant, this application is allowed. 5. It is directed that in the event of arrest, the applicant be released on bail upon her furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned. 6. The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure. Certified Copy as per rules.