Madhya Pradesh High Court

MCRC/53242/2020 of SMT. ANJANA KUSHWAHA Vs THE STATE OF MADHYA PRADESH on 31 December 2020

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Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-53242-2020 (SMT.

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The High Court Of Madhya PradeshMCRC-53242-2020

(SMT. ANJANA KUSHWAHAVs THE STATE OF MADHYA PRADESH)

[31][-][12][-][2020]Jabalpur, Dated :

Heard through Video Conferencing.

Shri A.S.Parihar, counsel for the applicant.

Shri Anshul Parihar, Panel Lawyer for the respondent/State.

This is first bail application under Section 439 of the Cr.P.C. filed bythe applicant who is in custody since 16.12.2020 in connection with CrimeNo. 402/2020 registered at Police Station Singhpur, District Satna for offencepunishable under Sections 498-A, 304-B and 34 of the Indian Penal Code andSection 3/4 of the Dowry Prohibition Act.

Applicant is the sister-in-law of the deceased. Marriage betweenapplicant's brother and the deceased was solemnised in the year 2014. As perthe prosecution case, the deceased died due to electrocution at hermatrimonial house on 30.08.2020. It is alleged that the deceased was torturedby her husband and in-laws for dowry.

Learned counsel for the applicant submits that the applicant has beenfalsely implicated in the case. Applicant is a married lady and at the time ofincident, she was living at her matrimonial house and not with her brother andthe deceased. Presently, the applicant is pregnant. In this regard, her medicaldocuments along with Adhar Card is annexed with the application. Due toCovid-19 pandemic, trial would take considerable time, therefore, it is prayedthat the applicant be released on bail.

Learned Panel Lawyer for the respondent/State has strongly opposedthe prayer for bail application.

Considering the fact that the applicant is a pregnant lady, withoutcommenting on the merits of the case, this application is allowed.

It is directed that applicant-Anjana Kushwaha be released on bail onfurnishing a personal bond in the sum of Rs. 40,000/- (Rupees FortyThousand only) with one solvent surety, in the like amount to the satisfaction of the concerned trial Court, for her appearance before the trial Court on the dates so fixed by that Court during trial.

The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.

(SMT. ANJULI PALO)V. JUDGE

vidyaDigitally signed by SREEVIDYA Date: 2020.12.31 16:54:07 +05'30'

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