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DEEPAK KUMAR AGARWAL
Narvadi Bai Lodhi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is first application under section 438 of Cr.P.C. filed by the petitioners for grant of anticipatory bail.
2. The petitioners are apprehending their arrest in connection with Crime No.216/2022 registered at Police Station Maksoodangarh District Guna (MP) for the offence punishable under Sections 304-B, 34 of IPC and 3/4 of Dowry Prohibition Act.
3. In brief case of the prosecution is that on 15.09.2022, complainant Laakhan Singh gave an information to ASI Jitendra Singh Police Station Maksoodangarh District Guna that on 14.09.2022 at 7:30 pm when he was at his house, his brother Maakhan Singh informed him that his wife and one and a half years old daughter are not at home, without informing anyone, they left the home. They searched them in the village and also house of their relatives but they could not be traced. They also informed her parental home. On receiving the information, her brother Manoj and Yogesh came there. Thereafter, brother of complainant Maakhan Lodhi consumed some poisonous substance due to which his condition became serious and he was taken for treatment. On 15.09.2022, during search dead body of deceased Priya and her daugh
Grant of anticipatory bail based on the lack of prior complaints regarding cruelty, harassment, and dowry demands before the death of the deceased, and the false and omnibus nature of the allegations....
The absence of injury marks in the postmortem report and the lack of commenting upon the merits of the case were crucial in granting anticipatory bail to the applicant.
Grant of anticipatory bail based on the facts and circumstances of the case and the conditions specified in Section 438 of Cr.P.C.
The main legal point established in the judgment is the grant of anticipatory bail under Section 438 of Cr.P.C. in a case involving serious offences punishable under Sections 304-B, 498-A, 34, 120-B ....
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
The main legal point established in the judgment is that for granting anticipatory bail in a case related to dowry, the absence of specific allegations of demand of dowry or causing harassment to the....
The court ruled that allegations of dowry demand and torture, combined with the circumstances of an unnatural death, justify the presumption of guilt against the in-laws, warranting the denial of ant....
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