Grant of anticipatory bail based on the facts and circumstances of the case and the conditions specified in Section 438 of Cr.P.C.

JUDGMENT

Deepak Kumar Agarwal, J. - This is first application under section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail.

2. Th e applicant is apprehending her arrest in connection with Crime No.67/2022 registered at Police Station Amayan, District Bhind (MP) for the offence punishable under Sections 498-A, 304-B, 34 of IPC and Section 3/4 of the Dowry Prohibition Act.

3. In brief, the prosecution case is that on 16.07.2022 at about 8:10 am one Ravi Chauhan gave an information to PS Amayan District Bhind that on 15.07.2022 in the afternoon while he was on the field, his mother telephoned him that daughter-in-law Smt. Mohini Chauhan wife of Ajay Chauhan committed suicide by hanging herself on the fan. Dead body of the deceased was taken out and placed on floor. On his information, Merg 05/2022 was recorded. Dead body panchnama was prepared and it was sent for post-mortem and as per post-mortem report, the deceased died due to asphyxia as a result of hanging. Merg was enquired. During merg enquiry, the statements of maternal side of the deceased were recorded. They have alleged against the in-laws of the deceased who used to demand two lakh rupees from the deceased and due to non-fulfillment of their demand, they use to treat her with cruelly, as a result of which the deceased committed suicide.

4. Learned counsel for the applicant submits that applicant is the mother-in-law of the deceased. She is innocent and falsely implicated in the case. Only omnibus and vague allegations have been levelled against her. Applicant is ready to abide by the conditions as may be imposed by this Court. The applicant is aged around 55 years and there is no possibility of her absconding or tampering with the prosecution case. Charge sheet has already been filed. The father-in-law, brother-in-law, sister-in-law (Devrani) of deceased have already been enlarged on regular bail as well as anticipatory bail by a coordinate Bench of this Court by order dated 23rd of November, 2022 and by order dated 4th of January, 2023 passed in MCRC No.54478 of 2022 and 61280 of 2022 respectively. The applicant undertakes to cooperate in investigation/trial. It is further submitted that On such premises, counsel for the applicant prayed for anticipatory bail.

5. Learned Public Prosecutor opposed the bail application and prayed for its rejection.

6. Heard learned counsel for the parties and perused the case diary. Looking to aforesaid facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is directed that in the event of arrest, applicant be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rs. twenty Five Thousand) each with one solvent surety each of the like amount to the satisfaction of the Arresting Authority/Investigating Officer.

7. The applicant shall abide by the conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

8. With the aforesaid, the present application stands disposed of.

Certified copy as per rules.