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SANJAY DWIVEDI
Hemlata Sahu – Appellant
Versus
State of Madhya Pradesh – Respondent
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
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.
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