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Judgment
Vivek Jain, J
This is the first application filed on behalf of the applicant under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023/438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant who is apprehending her arrest in relation to FIR/Crime No.90/2025 registered at Police Station - Sihoniya, District Morena for the offence punishable under Sections 80, 85, 3(5) of BNS and Section 3/4 of Dowry Prohibition Act.
It is argued by learned counsel for the applicant that it is a case of death by hanging and the deceased had married on 11.03.2020 whereas the death took place on 16.09.2025. It is argued that the present applicant is sister-in-law (Jethani) of the deceased. The deceased used to reside in the village Sihoniya, District Morena whereas the present applicant was living separately. Reliance has been placed on a domicile certificate issued by concerned authority at Gwalior on 03.09.2021, indicating that the applicant is living in Ward No.18, Gwalior. It is argued that at least since the year 2021, the present applicant is residing at Gwalior and even her Aadhaar Card shows the address of Gwalior, apart from domicile certificate issued from Gwalior. It is further argued that the allegations against the present applicant are omnibus in nature regarding the demand of a bullet motorcycle or Rs.1,00,000/- in lieu thereof, without assigning any overt act on the present applicant. She has two children to look after and, by vehemently placing reliance on the aspect of separate living, a prayer is made for grant of anticipatory bail.
Per contra, the application is vehemently opposed by learned counsel for the State on the basis of material available in the case diary.
Considering the above submissions and on perusal of case diary, without commenting on the merits of the case, the application is allowed. It is directed that in the event of arrest, the applicant Radha 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 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. It is further directed that the applicant shall attend the police station once every month till the completion of investigation.
