Madhya Pradesh High Court
MCRC/57874/2023 of KRIPA SHANKAR SHARMA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTION THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 57874 of 2023
BETWEEN:-
1.KRIPA SHANKAR SHARMA S/O LATE SHRICHANDSHEKHAN PRASAD SHARMA, AGED ABOUT 80Y E A R S , OCCUPATION: AGRICULTURISTRESIDENTS OF VILLAGE KUSHAHA POLICESTATION AND TAHSIL NAIGARHI DISTRICTMAUGANJ (MADHYA PRADESH)SHEKHAN PRASAD SHARMA, AGED ABOUT 80Y E A R S , OCCUPATION: AGRICULTURISTRESIDENTS OF VILLAGE KUSHAHA POLICESTATION AND TAHSIL NAIGARHI DISTRICTMAUGANJ (MADHYA PRADESH)
2.SOMKALI TRIPATHI (SHARMA) W/O SHRI KRIPASHANKAR SHARMA, AGED ABOUT 75 YEARS,OCCUPATION: HOUSEWIFE R/O VILLAGEKUSHAHA POLICE STATION AND TAHSILNAIGARHI DISTRICT MAUGANJ (MADHYAPRADESH)SHANKAR SHARMA, AGED ABOUT 75 YEARS,OCCUPATION: HOUSEWIFE R/O VILLAGEKUSHAHA POLICE STATION AND TAHSILNAIGARHI DISTRICT MAUGANJ (MADHYAPRADESH)
.....APPLICANT
(BY SHRI MANISH DATT - SENIOR COUNSEL ASSISTED BY SHRISIDDHARTH BENDEL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION NAIGARHI DISTRICT MUAGANJ (MADHYAPRADESH)
(BY MS. PRIYANKA MISHRA - ADVOCATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is the first application filed by the applicants under Section 438 of the Cr.P.C. seeking anticipatory bail.
2. The applicants are apprehending their arrest in connection with
FIR/Crime No.431 of 2023 dated 6.12.2023 registered at Police StationNaigarhi, District Rewa for the offences punishable under Sections 498-A, 306,34 of the IPC.
3. Learned Senior Counsel for the applicant submits that the applicantsare innocent and have been falsely implicated in the case. The applicants arefather-in-law and mother-in-law of the deceased. The marriage of the son of theapplicants was solemnized with the deceased in the year 2000 and after lapse ofmore than 23 years, the alleged incident took place wherein the presentapplicants are sought to be implicated. It is contended that there is a statementof son of the deceased, which palpably reflects that the present applicants haveno connection with the alleged incident. It is further contended that applicantNo.1 is a retired government servant aged about 80 years and applicant No. 2 isa lady aged about 75 years. It is submitted that the son of the applicants(husband of the deceased) has already been extended the benefit of bail. It isfurther submitted that the applicants are ready to cooperate in the investigationand trial. Therefore, the applicants be enlarged on anticipatory bail.
4. The counsel for the State has opposed the application and submittedthat there are direct and serious allegations against the applicants. Therefore, theapplicants are not entitled to be enlarged on anticipatory bail.
5. Heard the submissions advanced on behalf of the parties and perusedthe case diary.
6. It is evident that the marriage of the deceased was solemnized with theson of the applicant in the year 2000. The deceased committed suicide afterabout 23 years of marriage. The applicants are aged about 80 years and 75years respectively. The son of the applicants (husband of the deceased) hasalready been released on bail.
7. Considering the totality of the facts and circumstances of the case,nature of allegations as well as age of both the applicants, this Court deem itappropriate to enlarge the applicant on anticipatory bail. Therefore, withoutcommenting on the merit of the case, the application is allowed.
8. It is directed that in the event of arrest, applicants namely KripaShankar Sharma and Somkali Tripathi (Sharma) shall be enlarged on bailon furnishing a personal bond in a sum of Rs.50,000/- (Rupees FiftyThousand Only) each with one surety in the like amount to the satisfaction ofthe Arresting Officer for their appearance before him during the course ofinvestigation or before the trial Court during trial, as the case may be.
9. It is further directed that the applicants shall abide by all the conditionsas enumerated under Section 438(2) of the Cr.P.C.
PB
(MANINDER S. BHATTI)JUDGE