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2020 Supreme(MP) 640

MADHYA PRADESH HIGH COURT
Vijay Kumar Shukla, J.
Ravendra Singh - Appellant
Versus
State Of Madhya Pradesh - Respondent
Miscellaneous Criminal Case No. 31464 of 2020
Decided On : 11-09-2020

Advocates Appeared:
Manoj Kumar Singh, Advocate, Jagat Singh, Advocate

Grant of anticipatory bail based on the lack of material for abetment or cruelty in a case involving allegations of dowry harassment and abetment to suicide.

Headnote:

Anticipatory Bail - Dowry Harassment - The court granted anticipatory bail to the applicant, who was the father-in-law of the deceased, in a case involving allegations of dowry harassment and abetment to suicide. The court found that there was no material for the abetment or cruelty by the applicant towards the deceased, and therefore allowed the application for anticipatory bail.

Fact of the Case:

The applicant filed a bail application under Section 438 of Cr.P.C. apprehending arrest in connection with a case registered for the offence punishable under Sections 498-A & 306/34 of IPC, related to dowry harassment and abetment to suicide of the deceased, who was the applicant's daughter-in-law.

Finding of the Court:

The court found that there was no material for the abetment or cruelty by the applicant towards the deceased, and therefore granted anticipatory bail without expressing on the merits of the case.

Issues: The main issue was whether the applicant should be granted anticipatory bail in a case involving allegations of dowry harassment and abetment to suicide.

Ratio Decidendi: The court considered the lack of material for the abetment or cruelty by the applicant towards the deceased as the basis for granting anticipatory bail.

Final Decision: The court allowed the anticipatory bail application and directed the release of the applicant on bail upon furnishing a personal bond and surety to the satisfaction of the arresting officer.

JUDGMENT

Vijay Kumar Shukla, J. - On account of the prevailing conditions worldwide brought about by the COVID 19 virus, this application has been heard and decided through Video Conferencing to maintain social distancing. The necessary parties have effectively been represented by their respective counsel through Video Conferencing.

2. Heard and perused the record.

3. This is the first bail application filed by the applicant Ravendra Singh under Section 438 of Cr.P.C. for grant of anticipatory bail.

4. The applicant is apprehending his arrest in connection with Crime No.256/2020 registered at P.S Barahi, District Katni (M.P.) for the offence punishable under Sections 498-A & 306/34 of IPC.

5. Learned counsel for the applicant submitted that the present applicant is father-in-law of the deceased and there is a demand of dowry and harassment out of which she had committed suicide. As per the prosecution, the marriage has taken place 12 years back and there are two children out of the wedlock. The incident had taken place on 26.06.2020 and thereafter the statements of the father and mother of the deceased were recorded on 17.07.2020. It is alleged that the present applicant was demanding dowry and hence the deceased has committed suicide.

6. Considering the aforesaid prosecution case, it is apparent that there is no material for the abetment or cruelty by the present applicant towards the deceased so as to implicate him, I am of the view that it is a fit case to enlarge the applicant on anticipatory bail, therefore, without expressing on the merits of the case, this application is allowed.

7. It is directed that in the event of arrest, applicant - Ravendra Singh shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer.

8. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

9. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Shri Jagat Singh, learned Panel Lawyer, on their respective email addresses, for intimation to the police station concerned.

10. Office is also directed to forward a copy of this order to the learned Court below.

11. Accordingly, the present anticipatory bail application is allowed.

12. C.c. as per rules.

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