MCRC/10358/2013 of DROPATI Vs STATE OF M.P. on 30 December 2013

Arguments

30.12.2013

(Dropati Vs. State of M.P)

Shri Puran Kulshreshtha, Advocate, for the applicant. Shri Devendra Choubey, Public Prosecutor for the respondent -State.

Both parties heard.

This is first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of bail. The applicant is in custody in connection with Crime No.239/2013 registered under Sections 304-B/34, 498-A of IPC and 3 / 4 of Dowry Prohibition Act at Police Station Civil Line, Morena, district Morena(M.P.).

Learned counsel submits that the present applicant is mother-in-law of the deceased namely Radha who has been died by poisoning other than natural circumstances. Omnibus allegation of demand of dowry, cruelty and harassment have been alleged. Present applicant has been in custody since last four months. After completion of investigation charge-sheet has been filed. Hence, on these grounds, applicant prays for grant of bail.

On the other hand, learned Public Prosecutor mani

M. Cr. C. No. 10358/2013

opposes the prayer of the applicant for grant of bail.

Considering the overall facts and circumstances, without commenting on merits of the case and looking to period of custody of the applicant, the applicant deserves to be enlarged on bail, however, I allow this bail application and it is directed that applicant- Dropati be released on bail subject to her furnishing a personal bond to the tune of Rs.50,000/- ( Rupees fifty thousand only) with one surety of the like amount to the satisfaction of the concerned J.M.F.C./C.J.M for her appearance before him or Trial Court as the case may be on all the dates of hearing fixed in this behalf by the court concerned during trial. CC as per rules.

(J. K. Maheshwari) Vacation Judge