Madhya Pradesh High Court

Smt. Baby Dohare vs The State Of Madhya Pradesh on 4 June, 2021

Author:
Sheel Nagu

Bench:
Sheel Nagu
The High Court of Madhya Pradesh
MCRC-26605-2021
(SMT. BABY DOHARE Vs THE STATE OF MADHYA PRADESH)

Gwalior dated : 04/06/2021

Shri A.S. Rathore, learned counsel for the applicant.

Shri P. Tanvar, learned Panel Lawyer for the State.

Case diary is read over by the State counsel.

This case is heard through video conferencing.

Applicant has filed this first application
u/S.438
Cr.P.C. for grant of

anticipatory bail.

Applicant apprehends arrest in connection with offence punishable

u/
S.498-A
,
304B
,
of IPC and
Sections 3
/
of Dowry Prohibition Act

registered as Crime No.58/2021, by Police Station Ron, District Bhind (M.P.).

Learned Panel Lawyer for the State opposed the application and prayed

for its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of anticipatory bail is made out.

Applicant is a woman aged about 28 years who is sister-in-law (Jethani)

of the deceased and is alleged with dowry death. The marriage took place in

April, 2018 and the incident is of January, 2021. The death took place due to

hanging.

Similarly placed co-accused Smt. Archana Dohare had already been

extended benefit of bail by this Court vide order dated 08/05/2021 passed in

M.Cr.C.No.22844/2021.

The applicant being woman aged about 28 years maintaining separate

establishment though in the same village may not be able to bear the rigours of

incarceration and therefore, looking to the second waive of Covid-19 pandemic

which has paralyzed even tempo of life and also jails are potential hotbeds for
spread of Covid-19 pandemic coupled with the fact that the material placed on

record does not disclose the possibility of applicant fleeing from justice, this

Court is inclined to extend the benefit of anticipatory bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, I

deem it appropriate to allow this application
u/S. 438
of Cr.P.C. in the

following terms.

It is hereby directed that in the event of arrest, the applicant shall be

released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.

Fifty Thousand only) with one solvent surety of like amount to the

satisfaction of the Arresting Authority.

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 an offence similar to the
offence of which she is accused;

5. The applicant will not seek unnecessary adjournments during
the trial;

6. The applicant will not leave India without previous permission
of the trial Court/Investigating Officer, as the case may be;
A copy of this order be sent to the Court concerned for information and
compliance.

C.c as per rules.

(Sheel Nagu)
V. Judge
(suneel)
SUNEE

Digitally signed by SUNEEL

DUBEY

DN: c=IN, o=HIGH COURT OF

MADHYA PRADESH BENCH

GWALIOR, ou=HIGH COURT OF

L MADHYA PRADESH BENCH

GWALIOR, postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=157244b0239a6fd662b

DUBEY
29b00a11fc66a5e160f585aa7a92
425f380d476b32818,
cn=SUNEEL DUBEY
Date: 2021.06.07 12:02:59 -07'00'