Smt. Nirmala Sharma vs State of M.P.

D.K. Paliwal, J.—Heard. Perused the case diary.

This is first bail application filed by the applicant u/s 438 of Cr.P.C. for grant of anticipatory bail.

The applicant is apprehending her arrest in connection with Crime No. 120/13 registered at P.S. Mehgaon, District Bhind, for the offence punishable u/s 302 of IPC.

As per prosecution case, Vikas Sharma has informed Ramprakash that he alongwith his family members was invited for some function, hence, they had gone there. Deceased Rama was alone in the house. When they came back, she was found dead. Merg intimation No. 24/13 u/s 174 of Cr.P.C. was recorded. During enquiry, it was found that deceased Rama has been murdered by strangulation. After investigation, crime No. 120/13 has been registered against applicant and Sumit Narayan.

Learned counsel for the applicant submits that applicant has falsely been implicated in the case only being Nanad of the deceased. It is further submitted that wifes of Sumit Narayan and Jagat Narayan are real sisters. The name of wife of Sumit Narayan is Rambeti and Ramkanti is the wife of Jagatnarayan. The father of Rambeti and Ramkanti had given his property to his both the daughters and in the year 2000 there was a partition between both the sisters. Deceased Rama was the wife of son of Jagatnarayan and she died in the house of Jagatnarayan. Applicant and Sumit Narayan do not use to visit the house of Jagatnarayan. There was no reason for the applicant to commit the murder of deceased Rama. The applicant is having eight months baby in her lap. On these grounds, prayed for anticipatory bail.

The application is opposed by learned Public Prosecutor as well as by learned counsel for the complainant.

From the postmortem report of the deceased, it appears that there were ante-mortem pressure spots over upper chest, mandible and neck. The mode of death has been found to be asphyxia caused by mechanical strangulation. There is no eye-witness of the incident. The husband of deceased Vikas Dubey and father of the deceased Ramprakash have expressed suspicion on Sumit Dubey and the applicant. As per the statement of Vikas, he has seen Sumit Narayan and applicant coming out from his house. When he entered in the house, he found that his wife is lying dead. Vikas has also stated that in the morning a wordy quarrel took place between him and Sumit Narayan. Taking into consideration that husband of the deceased Vikas has not informed his father-in-law that he has seen Sumit Narayan and Nirmala Sharma coming out from his house, Vikas himself has not lodged the report, Merg intimation has been lodged on the second day while the distance of police Station is merely five kms., coupled with the fact that a property dispute is pending between the parties, but without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, applicant shall be enlarged on bail on her furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court. The applicant shall make herself available for interrogation by a police officer as and when required and she will co-operate in the investigation. She shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. This order shall remain operative for a period of sixty days and during this period the applicant is free to move the regular bail application before the concerned Court.

C.C. as per rules.