KASTOORI BAI Vs. STATE OF M P

JUDGEMENT

(1.) THIS is first bail application under section 438 CrPC for grant of anticipatory bail. Crime No. 687/04 for committing offences under sections 498A and 304-B/34 IPC is registered against the applicant at Police Station, Guna.

(2.) IT is alleged that the applicants, who are the relatives of the husband of the deceased, have committed offence of dowry death. The learned counsel for the applicants submitted that the deceased Snehlata was admitted in the hospital on account of burn injury from where she was referred for better treatment to Choithram hospital and Research Centre, Indore and there during treatment she died on account of sudden cardio respiratory arrest. It has been further submitted that the deceased in her dying declaration (Annexure D-1) recorded by Naib Tahsildar has stated that she was preparing tea on a stove and corner of her saree was caught with fire and, therefore, the cause of her death is accidental. It has been argued that during treatment of the deceased no report was lodged against the applicants and no allegations of dowry demand was made. It is further argued that the date of incident is 26.2.2004 and the case has been registered after a long gap on 21.8.2004.

(3.) IN the event any adverse order is passed on the application, the same shall not be given effect to for a further period of 15 days. C.C. as per rules.