(Bela M. Trivedi and Prasanna B. Varale, JJ.)
Hemlata Shakya _________________________________ Appellant(s);
v.
State of Madhya Pradesh __________________________ Respondent.
Criminal Appeal No. of 2025 (Arising out of SLP(Criminal) No. 2915/2025), decided on April 3, 2025
The Judgement of the court was delivered by
Judgment
1. Leave granted.
2. This appeal, preferred by the appellant, is directed against the impugned judgment and order dated 17.02.2025, passed by the High Court of Madhya Pradesh at Gwalior, in Miscellaneous Criminal Case No. 6137 of 2025, whereby the High Court had rejected the said second bail application filed by the appellant seeking anticipatory bail in connection with the F.I.R. No/Crime No. 665/2024 registered at Police Station-Janakganj, District-Gwalior for the offence punishable under Sections-85, 80(2), 3(5) of BNS, and Sections 3 and 4 of the Dowry Prohibition Act.
3. Heard learned counsel for the parties and perused the material on record.
4. It is sought to be submitted by the learned counsel appearing for the appellant that the appellant has a child of two and a half months and she has co-operated with the Investigating Officer during the course of the investigation.
5. Learned counsel for the respondent-State states that he has filed the counter affidavit in the matter only yesterday, and the same is not on record however, he has the hard copy of the said affidavit and prays that the same be taken on record. Hard copy of the said counter affidavit is taken on record.
6. Learned counsel for the respondent states that the charge-sheet against the appellant has been filed on 28.03.2025, and her custodial interrogation is no more required.
7. Having regard to the submissions made by the learned counsel for the parties, but without expressing any opinion on the merits of the case, we are inclined to accept the present appeal.
8. Hence, it is directed that in the event of the arrest of the appellant-Hemlata Shakya, in connection with the F.I.R. No. 665 of 2024, registered at Police Station-Janakganj, District-Gwalior, she shall be released on bail, if not required in any other case, on such terms and conditions that may be imposed by the Trial Court.
9. It goes without saying that the respondent-State shall be at liberty to file appropriate application seeking cancellation of bail in case any of the conditions, that may be imposed by the Trial Court, are violated or breached by the appellant.
10. Accordingly, the appeal is allowed.
11. Pending application(s), if any, shall stand closed.
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