LADKUNWARBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard and perused the record. This is the second repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The first application was dismissed as withdrawn on 11/01/2019 in Mis. Cr. Case No.839/2019. The applicant is in jail custody since 03/07/2018 in connection with Crime No.164/2018 registered at Police Station Makdon, District Ujjain for the offence punishable under Sections 498A , 304B & 302 / 34 IPC.

(2.) As per prosecution case, the applicant alongwith coaccused, Sampatbai, Premsing (husband of deceased) & Ramdayal (father-in-law of the deceased) caused death of Shayamubai, married with applicant's son, before 15 years ago, suffered death due to falling the chimney. Accordingly, case has been registered against the accused persons.

(3.) Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the crime. The applicant is a lady. The investigation is complete, challan has been filed. There are three dying declarations of the deceased, i.e., on 24/04/2018, 25/04/2018 and 25/04/2018 (in the form of statement under section 161 Cr.P.C., of the deceased) but, no overt act has been attributed to her. The prosecution witnesses Ayodhya Bai, Anarsingh, Premsingh and Dharsingh have turned hostile. The main accused husband and father-in-law of the deceased are in jail. The co-accused, Sampatbai has been enlarged on anticipatory bail vide order dated 29/06/2018 passed in Mis. Cr. Case No.22515/2018 by this Court and the case of the present applicant is on similar footing. The applicant is not required for further custodial interrogation.The applicant is in jail incarceration since 03/07/2018 and the family is on the verge of starvation due to her jail incarceration. Her further incarceration shall jeopardize life of the family members. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.