Madhya Pradesh High Court

MCRC/13172/2016 of SMT. KUSUMLATA Vs THE STATE OF MADHYA PRADESH on 29 December 2016

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Vs THE STATE OF MADHYA PRADESH) 29-12-2016 Shri Nilesh

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MCRC-13172-2016

(SMT. KUSUMLATAVs THE STATE OF MADHYA PRADESH)

29-12-2016

Shri Nilesh Dave, learned counsel for the applicant.

Ms. Mamta Shandilya, learned counsel for therespondent/State.

This is first bail application under Section 439 of theCode of Criminal Procedure for grant of bail.

The present applicant was arrested by the Police Station- Gadhwani, District-Dhar in Crime No.357/2016 underSections 302, 304(b), 498(a), 201, 120(b), 34 of IPC.

According to the prosecution story, the deceased Rakhiwas married married to son of the present applicantSanjay in the year 2011. She died due to burn injury on13.11.2016. It was reported by her father-in-law that shewas cooking food with kerosene stove, when the stovecaught fire and she was burnt alive.

Learned counsel for the applicant submits that in postmortem report, nature of death whether it was suicidal orhomicidal was not clearly mentioned by the doctor. Onlyon the basis of the fact that her body was found in toiletand there was presence of petrol, it was inferred by theinvestigating officer that it was a case of murder underSection 302 of IPC. He further submits that withoutpressing the application on merit he only prays for grantof bail on the ground that the present applicant is awomen and she has to look after two children left by thedeceased.

Learned counsel for the state opposes the bailapplication.

After going through the case diary and taking intoconsideration all the facts and circumstances of the case,without commenting on the merits of the case only on theground that present applicant is a lady, the application isallowed.

It is directed that the applicant shall be released on bailon her furnishing a personal bond of Rs.50,000/- (Rs.Fifty Thousand only) and one solvent surety of the likeamount to the satisfaction of the concerned Magistratefor her appearance on all the dates of hearing as may bedirected in this regard during trial.

She isfurther directed that on being so released on bail,she would comply with the conditions enumerated undersection 437(3) Cr.P.C. meticulously.Certified copy as per rules.

(ALOK VERMA)JUDGE

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