High CourtsSingle Bench(2021) 06 MP CK 0075

Kusumkali Singh vs State Of M.P

Madhya Pradesh High Court · Decided on 11 June 2021

HON’BLE JUDGES
Sanjay Dwivedi, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.28008 Of 2021

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Judgment

15 paragraphs · 249 words

Sanjay Dwivedi, J

This is the first bail application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

The applicant is apprehending her arrest in connection with Crime No.611/2021 registered at Police Station Kotwali, District Sidhi, for the offence

punishable under Sections 304-B and 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Learned counsel for the applicant submits that though the deceased has committed suicide within a period of one year from the date of the marriage,

but there is no specific allegation against the applicant. He further submits that the applicant is aged about 75 years and at this stage, when there is

surge of COVID-19 in the country, she may be granted the benefit of anticipatory bail.

On the other hand, learned Panel Lawyer appearing for the respondent/State opposes the application.

Considering the aforesaid, without commenting anything on the merits of the case, I am inclined to consider and allow this bail application.

Accordingly, the same is allowed.

It is directed that in the event of arrest, the applicant be released on bail upon her furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station

concerned.

The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified Copy as per rules.