IN THE HIGH COURT OF MADHYA PRADESH
Deepak Kumar Agarwal, J.
Natthu Lal – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 20261 of 2022
Decided On : 23-04-2022
Bail Application - Offence under Sections 306, 498(a) of IPC and Section 3/4 of Dowry Prohibition act - The court allowed the bail application and ordered the release of the applicant on bail upon furnishing a bail bond of Rs.25,000 with one solvent surety.
Fact of the Case:
The applicant was arrested in connection with an offence under Sections 306, 498(a) of IPC and Section 3/4 of Dowry Prohibition act. The deceased was alleged to have committed suicide due to harassment for dowry by the applicant-accused.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application and ordered the release of the applicant on bail upon furnishing a bail bond of Rs.25,000 with one solvent surety.
Issues: The main issue was the grant of bail to the applicant who was accused of an offence related to dowry harassment and abetment to suicide.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to allow the bail application, emphasizing that the applicant should be present during the trial.
Final Decision: The application for bail was allowed, and the applicant was ordered to be released on bail upon furnishing a bail bond of Rs.25,000 with one solvent surety.
JUDGMENT
Deepak Kumar agarwal, J. - This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
applicant has been arrested on 24.03.2022 by Police Station, Bahadurpur, District ashoknagar (MP), in connection with Crime No.68/2022 for the offence punishable under Sections 306, 498(a) of IPC and Section 3/4 of Dowry Prohibition act.
as per prosecution story, on 2.3.2022 at 3.15 PM Sanju Lodhi lodged a Dehati Nalishi with aSI Devlal Koli of Police Station Bahadurpur, District ashoknagar that his house is at village Keshlon. He went to his shop situated at village adhaikhed and in his house his wife Rajkumari and two sons were present. His mother and father went to the field. One Balkishan gave information that his wife Rajkumari has closed the room. On the information he reached the house and saw that the door of the room was closed inside. By climbing the house he saw that his wife has committed suicide by hanging on the roof. He told Choukidar Parmal to inform police. Dehati Merh No. 2/2022 under Section 174 Cr.P.C. was recorded, thereafter Merg 26 was registered. Dead body panchanama was prepared and the dead body was sent for postmortem. as per postmortem report she died due to cardio respiratory failure. Merg was enquired. Statement of paternal side was recorded. They have stated that the present applicant-accused, who is father-in-law of the deceased used to harass the deceased for Rs.50,000/-, due to which she has committed suicide. On his report, a crime under the aforesaid offence was registered and the applicant-accused was arrested on 24.3.2022.
It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. Omnibus allegations are levelled against the applicant and other family members. Conclusion of trial will take time. The applicant is ready to abide by all the conditions as may be imposed by the Court. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State as well as counsel for the complainant vehemently opposed the application and has prayed for its rejection. It is submitted by counsel for the complainant that one day previous to the incident, the deceased came to the house of her in laws house on the assurance that applicant-accused and his family members will not do cruel treatment with her.
Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
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 completion of investigation and filing of the charge-sheet, along with the undertaking of the applicant to cooperate in trial, are crucial factors in considering a bail application.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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 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 bail with the condition of cash security and a personal bail bond, emphasizing the need for the applicant to be present during the trial.
The court may grant bail considering the circumstances of the case, the filing of the charge sheet, and the time it would take for the conclusion of the trial.
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....
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