SMT. SHANTABAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under- Section 439 of the Code of Criminal Procedure, 1973 (for short ' CrPC ') filed on behalf of applicant-Smt. Shantabai. The applicant is in custody since 08.12.2017 in connection with Crime No.492/17 registered at Police Station-Sonkatch, District-Dewas (MP) for the offence punishable under- Sections 304-B & 498-A of Indian Penal Code, 1860.

(2.) As per prosecution story, the deceased-Dhapu Bai was married to the son of applicant namely; Jaisingh. She has delivered two baby girls successively. The present applicant (mother-in-law) father-in-law-Vikram and her husband-Jaisingh used to taunt her for not having given birth to a baby boy and humiliated her. Besides, there had been constant demand of dowry because of which she not only felt hurt but has undergone severe mental agony with a sense of insecurity in her life. This fact was disclosed by her when she visited her parents house after her delivery. Thereafter, her parents had called the applicant and her husband for amicable discussion in the matter so that recurrence of such incidence in future can be avoided. Meeting had taken place in presence of the independent parties. Thereafter, on assurance being given by the applicant and her husband to the parents of the deceased, the deceased-Dhapu Bai came back to her in-laws place. However, within a few days, thereafter she has committed suicide hanging by noose. Accordingly, case has been registered against the present applicant, her husband-Vikram and husband of the deceased- Jaisingh and they were arrested.

(3.) Counsel for the applicant taking exception to the order impugned prays for enlargement of the applicant on bail contending that the applicant is a lady and is innocent and has been falsely implicated in the case. She has no criminal antecedents. While further bolstering his submissions, he has referred to Section 437 Cr. P. C to contend that the section itself carves out an exception for woman in the context of consideration for bail by a Magistrate. There is no reason why this Court should not give due weightage to the same while considering the instant application. He further refers to judgment of the Hon'ble Apex Court in the case of Dataram Singh vs. State of Uttar Pradesh & Another (arising out of SLP (CRL) No.151 of 2018) decided on 06.02.2018 and contended that there are certain basic fundamental principles reiterated by the Hon'ble Apex Court which in-fact and in effect are of guiding nature and are required to be considered by the Court while considering the bail application. He further submits that bail is a right and denial thereof is an exception, is a rule settled decades ago by Courts of law. With the aforesaid submissions, counsel prays for enlargement of the applicant on bail.