IN THE HIGH COURT OF MADHYA PRADESH
Vishal Dhagat, J.
Keshar Bai – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 56971 of 2022
Decided On : 02-12-2022
Bail - Criminal Procedure - The court allowed the bail application under Section 439 of the Code of Criminal Procedure, considering the general and omnibus nature of the allegations and the absence of specific instances against the applicant.
Fact of the Case:
The applicant was arrested in connection with a case involving offences under Sections 498-A, 304-B, 34 of IPC and Section 3/4 of Dowry Prohibition Act. The applicant claimed innocence and false implication, citing the completion of investigation and general allegations against all family members.
Finding of the Court:
The court found that the allegations were general in nature, with no specific instance against the applicant, and allowed the bail application without expressing any opinion on the merits of the case.
Issues: The main issue was the grant of bail to the applicant under Section 439 of the Code of Criminal Procedure, considering the nature of the allegations and the applicant's claim of false implication.
Ratio Decidendi: The court's decision was influenced by the general and omnibus nature of the allegations, the absence of specific instances against the applicant, and the completion of the investigation.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail, subject to the conditions of Section 437(3) of the Cr. P. C.
JUDGMENT
Vishal Dhagat, J. - This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.
2. Applicant has been arrested on 21.07.2022 in connection with Crime No. 625/2022 for offence under Sections 498-A, 304-B, 34 of IPC and Section 3/4 of Dowry Prohibition Act registered at Police Station - Kolar road, District - Bhopal (M.P.).
3. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 21.07.2022. Investigation is complete. It is submitted that there are omnibus and general allegations against all the family members. No specific allegation is made against applicant regarding demand of dowry and harassment. It is submitted that all family members are implicated in the case. There is allegation of demand of motorcycle only. In these circumstances, he prayed that applicant may be enlarged on bail.
4. Learned Government Advocate appearing for State opposed the application for grant of bail and read over the statement of relative. On the basis of said statement he prayed for dismissal fo the bail application.
5. Heard the counsel for the parties.
6. On going through the statement, it is found that allewgation for demand of motorcycle is made against all the family members. Allegations are omnibus and general in nature. No specific instance against applicant has been pointed out. Considering the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed.
7. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for her regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.
8. The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which she is accused, or suspected of the commission of which she is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C.C. as per rules.
The court's decision to grant bail was based on the general and omnibus nature of the allegations, absence of specific instances against the applicant, and completion of the investigation.
Grant of bail based on changed circumstances and parity with co-accused, without expressing opinion on merits of the case.
The change in circumstances, particularly the turning of family members as hostile witnesses, can influence the court's decision in granting bail.
The court may grant bail considering the accused's first offender status, the filing of the charge sheet, and the likelihood of a prolonged trial.
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 based on the facts and circumstances of the case, without commenting on the merits of the case.
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