ORDER :

1. Leave granted.

2. This appeal challenges the judgment and order dated 25.09.2024 passed by the High Court of Madhya Pradesh at Jabalpur in Misc. Criminal Case No. 40005 of 2024.

3. The appellant has been facing trial in connection with a crime registered pursuant to First Information Report No.90 of 2024 dated 21.03.2024 lodged with Police Station Saikheda, District Narsinghpur, in respect of offences punishable under Sections 4 98A and 304B of the INDIAN PENAL CODE , 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 25.09.2024, the appellant has preferred the instant appeal.

5. This Court, vide its order dated 11.11.2024, issued notice in the instant matter.

6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-State and perused the material on record.

7. Learned senior counsel for the appellant submitted that the appellant has been in jail since August, 2024; that in fact his wife committed suicide in her parental home by hanging; that there was absolutely no demand for dowry inasmuch as the appellant and victim had married on their own accord and it was not an arranged marriage and therefore there can be no attribution of demand for dowry made on the appellant or his family. In the circumstances, this Court may set aside the impugned order and grant the relief of bail to the appellant herein.

8. Per contra, learned counsel for the respondent-State, with reference to her counter affidavit, submitted that the suicide has occurred about six months after her marriage and therefore this is not a case where the relief of bail could be granted to the appellant herein, who is none other than the husband of the victim. She therefore submitted that there is no merit in this appeal. Considering the facts on record, in our view, the case for bail is made out.

9. We, therefore, allow this appeal and direct as under:

"The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No.90 of 2024 mentioned above."

10. It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner.

Any infraction of the conditions shall entail cancellation of bail granted to the appellant.

With these observations, the appeal is allowed.