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2025 DIGILAW 55 (SC)

Fulwasua Kushwaha v. State of Madhya Pradesh

2025-01-03

BELA M.TRIVEDI, SATISH CHANDRA SHARMA

body2025
ORDER 1. Leave granted. 2. The present appeal is filed challenging the impugned judgment and order dated 15.10.2024 passed by the High Court of Madhya Pradesh at Jabalpur in Misc Criminal Case No. 40358 of 2024, whereby the High Court had rejected the said first bail application filed by the present appellant in connection with Crime No. 438/2024 registered at P.S.Amiliya, District-Sidhi (M.P.), for the offence punishable under Sections 498-A, 304-B and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. 3. Heard learned counsel for the parties and perused the relevant material on record. 4. It appears that in the instant case, on the basis of the receipt of the information that the death had occurred due to consumption of poison in an unnatural and suspicious condition within seven years of the marriage of the deceased, an F.I.R. was registered by Mr. Ashutosh Dwivedi, who was posted as SDOP in Churhat Section, District Sidhi. 5. It also appears that the allegations made by the mother of the deceased in her statement on record, are general allegations of demands of dowry. Having regard to the overall facts and circumstances of the case and also having regard to the fact that the appellant is a lady, who has undergone more than three months of incarceration as on the date (approximately), we are inclined to accept the present appeal. 6. Accordingly, we direct that the appellant shall be released on bail in connection with Crime No. 438/2024 registered at P.S.-Amiliya, District-Sidhi (M.P.), subject to appropriate terms and conditions that may be imposed by the Trial Court. 7. It goes without saying that the respondent(s) shall be at liberty to file appropriate application seeking cancellation of bail in case any of the conditions, that may be imposed by the Trial Court, are violated or breached by the appellant. 8. Accordingly, the appeal is allowed. 9. Pending application(s), if any, stands disposed of.