Back
IN THE HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J.
Hemlata Sahu – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57900 of 2022
Decided On : 08-12-2022
Bail Application - Anticipation of Arrest - The court granted bail to the applicant under Section 438 of the Code of Criminal Procedure in a case involving allegations under Sections 498A and 304B/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
Fact of the Case:
The applicant filed a bail application in anticipation of her arrest in a case involving allegations under Sections 498A and 304B/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. The deceased died within two years of the marriage, allegedly by suicide, and the husband of the deceased also committed suicide the next day.
Finding of the Court:
The court, after considering the submissions from both parties and perusing the case diary, granted the benefit of Section 438 of the Code of Criminal Procedure to the applicant, allowing the bail application.
Issues: The main issue was whether the applicant could be granted bail under Section 438 of the Code of Criminal Procedure, considering the specific allegations made against her and the co-accused persons who were granted bail under Section 439 of Cr.P.C.
Ratio Decidendi: The court found that the benefit of Section 438 of Cr.P.C. could be granted to the applicant based on the circumstances and allegations in the case.
Final Decision: The court allowed the bail application and directed that the applicant be released on bail upon furnishing a bail bond and abiding by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.
JUDGMENT
Sanjay Dwivedi, J. - The applicant has filed this first bail application under Section 438 of the Code of Criminal Procedure in anticipation of her arrest in Crime No.433/2022 registered at Police Station Chola Mandir, District Bhopal, for the offence punishable under Sections 498A and 304B/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
2. Learned counsel for the applicant submits that the deceased died within two years of the marriage committed suicide by hanging herself on the basis of allegation made by the parents, FIR lodged offence registered against the present applicant. He submits that the husband of the decease has also committed suicide on the very next day when his wife committed suicide. The present applicant is a sister-in-law (jathani) residing separately having a child of one year. The husband of the present applicant has been granted bail under Section 439 of Cr.P.C. by the trial Court. He further submits that under such circumstance and ominous allegation made against the present applicant and husband has also been granted bail. The bail application of the present applicant shall also be considered.
3. Shri Bajpai, learned the counsel for the State, on the other hand, has opposed the bail application and submits that specific allegation made against the present applicant and other co-accused person granted bail but those bail where under section 439 of Cr.P.C. therefore, present applicant cannot be granted benefit of Section 438 of Cr.P.C. considering the case of other co-accused person.
4. After hearing submission made by counsel for the parties and perusal of case diary, I am of the opinion that the benefit of section 438 of Cr.P.C. can be granted to the applicant, this application is allowed.
5. It is directed that in the event of arrest, the applicant be released on bail upon her furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.
6. The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.
Certified Copy as per rules.
The court has the discretion to grant bail under Section 439 of the Criminal Procedure Code, 1973, considering the circumstances of the case and the likelihood of a lengthy trial, without reflecting ....
The change in circumstances, particularly the turning of family members as hostile witnesses, can influence the court's decision in granting bail.
In a case of dowry death, the accused is entitled to bail if the allegations against him are general in nature and the prosecution has not shown any proximity of harassment with the suicide.
The court has the discretion to grant bail to the accused, considering the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail based on the statements of witnesses and the likelihood of the trial taking time for its conclusion, without commenting on the merits of the case.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
