Leave granted.
This appeal arises out of final judgment and order dated
07.05.2021 passed by the High Court of Madhya Pradesh at Gwalior in
MCRC No.22186 of 2021.
Apprehending her arrest in connection with crime registered
pursuant to FIR No.104 of 2021 dated 23.03.2021 lodged with Police
Station Mehgaon, District Bhind, Madhya Pradesh, in respect of the
offences punishable under Sections 304-B/498A/34 of the Indian
Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act.
1961, application seeking anticipatory bail was preferred by the
appellant in the High Court. The application having been rejected
by the order presently under challenge, the instant appeal has been
preferred.
Vide order dated 22.06.2021, while issuing notice, this Court
SignaturegrantedNot Verified interim relief in the following terms:
Mukesh Nasa
According to the affidavit-in-reply filed on behalf of the
State, the investigation is complete and the charge-sheet has
already been filed on 26.06.2021 in respect of some of the accused.
However, the charge-sheet has not yet been filed against the
appellant because of the interim order passed by this Court.
We have heard learned counsel for the parties.
Mr. Varun Thakur, learned Advocate appearing for the original
complainant invited our attention to various issues including the
fact that second complaint was filed in respect of pressure sought
to be exerted by the family of the accused.
Considering the totality of the circumstances, in our view,
the appellant is entitled to the relief of anticipatory bail.
We, therefore, allow this appeal and set-aside the order
passed by the High Court and direct:
a) In the event of the arrest of the appellant in
connection with the aforestated crime, the arresting
officer shall release the appellant on bail on her
furnishing cash security in the sum of Rs.25000/-
(Rupees Twenty Five Thousand Only) with two like
sureties.
b) The appellant shall render complete cooperation in
the ensuing investigation.
c) The appellant shall not in any manner misuse the
liberty granted to her.
d) Any infraction or violation of the aforestated
conditions shall entail in cancellation of the
relief of anticipatory bail granted to the
appellant.
With the above observations, the appeal is allowed.
New Delhi, September 24, 2021