Guddibai vs State Of Madhya Pradesh

This is the first bail application under Section 439 of Cr.P.C. in Crime No.356/2019 registered at Police Stationâ€" Agar (Malwa), Districtâ€"Agar

(Malwa) under Sections 306, 370 (4) and 120-B of IPC.

Learned Counsel for the petitioner has claimed parity with co-accused Shabana, who has been granted bail by this Court vide order dated

17.01.2020 passed in M.Cr.C. No.2077 of 2020. Order dated 17.01.2020 reads thus:-

“Heard with the aid of case diary.

ORDER

This is first bail application under Section 439 of Cr.P.C in Crime

No.356/2019, under Section 306, 370(4), 120-B of the IPC registered at Police Station Agar, District Agar.

According to prosecution case, deceased Priyanka committed suicide at her parent's home on 26.08.18 leaving behind a suicide note alleging that

the petitioner and Raju, Guddi, Shamshu, Rakesh, Shabana, Jitendra, Durga, Minakshi, Kiran and Kiran's parents are responsible for her suicide. She

alleged that they all were not accepting her, after the incident she fled away with his paramour Raju, even when, she had apologized for her mistake.

They have insulted her parents were also not returning her jewellery and other articles. The suicide note was recovered on the date of incident i.e.

26.08.2018 but for next nine months no action was taken as the crime was registered on 28.05.2019.

It is argued by learned counsel for the petitioner that no specific allegations have been made against her. Even after marriage with Kailash, the

petitioner fled away with her paramour Raju, her father had lodged FIR No.125/18 on 10.03.2018 against Raju. Father of deceased and other

witnesses have admitted in their statement that she was recovered from the possession of Raju. She never returned her matrimonial home after this

incident. In her suicide note, she has admitted that prior to this incident, her in-laws were keeping her well. She had already taken her jewellery, when

she left her matrimonial home and fled away with Raju. The Police has not found any case earlier but after nine months of recovery of suicide note on

the date of incident itself all of the sudden the police has registered the case for no reason, therefore, the petitioner be enlarged on bail.

4 . After going through the evidence collected during investigation which is available in the case diary, FIR No.125/18 filed by the father of the

deceased against Raju and considering the aforesaid facts and circumstances of the case, I deem it proper to release the accused/petitioner on bail.

Therefore, without commenting on merits of the case, the application is allowed.

It is directed that the petitioner Shabana W/o Irfan be released from custody on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees

Twenty Five Thousand Only) with one solvent surety to the satisfaction of the JMFC for his appearance before the Trial Court as and when required

further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him

from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be

cancelled.â€​

The case of the petitionerâ€"Guddibai D/o Kaluram is identical to the case of co-accusedâ€"Shabana, therefore, present petition is allowed and

disposed of on the same terms and conditions.