Madhya Pradesh High Court

Smt. Saroj Singh vs The State Of Madhya Pradesh on 4 September, 2019

Author:
Rajeev Kumar Dubey

Bench:
Rajeev Kumar Dubey

1 MCRC-33648-2019
The High Court Of Madhya Pradesh
MCRC-33648-2019
(SMT. SAROJ SINGH Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 04-09-2019
Shri P.S. Tomar, counsel for the applicant.
Shri M.K. Singh, Panel Lawyer for the respondent/State.

Heard with the aid of case diary.

This is First application of the applicant Smt. Saroj Singh filed
under
section 439
Cr.P.C. for grant of bail. The applicant was arrested
on 08.07.2019 in connection with Crime No.271/2019 registered at
Police Station Ramnagar, District Satna for the offence punishable under

Sections 498A
,
304B
,
of IPC and
Section 3
/
of Dowry Prohibition
Act.

As per prosecution case on 24.06.2019 deceased Nidhi Singh wife
of co-accused Uday Bhan Singh committed suicide by hanging herself. It
is alleged that applicant Smt. Saroj Singh, mother-in-law and co-accused
Uday Bhan Singh, husband of the deceased demanded one fridge and one
box and harass her and co-accused Uday Bhan Singh assaulted her due to
which she committed suicide.

Learned counsel for the applicant submits that applicant is innocent
and has falsely been implicated in the offence. The applicant is mother-
in-law of the deceased Nidhi Singh. The allegation regarding demand of
dowry are general in nature. Charge sheet has been filed. The applicant
is in custody since 08.07.2019 and the conclusion of trial is likely to take
long time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted
that applicant is mother-in-law of the deceased who harassed the
deceased Nidhi Singh, due to which, she committed suicide within six
months of her marriage. So, she should not be released on bail.

Looking to fact and circumstances of the case and the fact that the
applicant is mother-in-law of the deceased Nidhi Singh and the
allegation of demand of dowry are general in nature, charge sheet has
been filed, applicant is in custody since 08.07.2019 and conclusion of
trial will take time, without commenting on the merits of the case, the
application is allowed and it is directed that the applicant Smt. Saroj
Singh be released on bail upon her furnishing 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 concerned C.J.M/trial Court for her

Digitally signed by RANJEET

AHIRWAL

Date: 05/09/2019 11:44:01

2 MCRC-33648-2019
appearance before the trial Court on all such dates as may be fixed in this
behalf by the trial Court during the pendency of trial.

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 trial;
3 . The applicant will not indulge herself in extending inducement,
threat or promise to any person acquainted with the fact of the case so as
to dissuade him from disclosing such facts to the Court or to the Police
Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence
of which she is accused;

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.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY)
JUDGE

(ra)

Digitally signed by RANJEET

AHIRWAL

Date: 05/09/2019 11:44:01