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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G. S. Ahluwalia, J.
Shibbu @ Sahab Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.64522 of 2021
Decided On : 03-01-2022
Bail - Criminal Law - The court granted bail to the applicant who was arrested for offences under Sections 304B, 498A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act, considering the facts and circumstances of the case and without commenting on the merits of the case.
Fact of the Case:
The applicant was arrested in connection with offences under Sections 304B, 498A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act. The deceased, who was the applicant's sister-in-law, committed suicide and the applicant was accused of demanding dowry and being involved in the harassment.
Finding of the Court:
The court allowed the application for bail, directing the applicant to be released on bail on furnishing a personal bond and surety, considering the likelihood of a sufficiently long trial and no possibility of absconding or tampering with the prosecution case.
Issues: Grant of bail in a case involving offences under Sections 304B, 498A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.
Ratio Decidendi: The court considered the facts and circumstances of the case, without commenting on the merits of the case, and granted bail to the applicant.
Final Decision: The court allowed the application for bail and directed the release of the applicant on furnishing a personal bond and surety, with the order remaining effective till the end of trial but becoming ineffective in case of bail jump.
JUDGMENT
G.S. Ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
2. The applicant has been arrested on 26.07.2021 in connection with Crime No.116/2021 registered at Police Station Badoni, District Datia for offence under Sections 304B, 498A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.
3. It is submitted by the counsel for the applicant that according to the prosecution case, the applicant is elder brother-in-law (Jeth)of the deceased. The deceased was married on 29.12.2020 and she committed suicide by hanging on 12.7.2021. By referring to the statements of the parents of the deceased, it is submitted that both of them have specifically stated the deceased was kept properly for the first four to five months and thereafter on one day the deceased informed her father on phone that her husband and father-in-law are demanding Rs.50,000/- and a motorcycle and he was also informed that when the deceased refused to fulfill their demand on the ground of poor financial condition of her father, then she was beaten by all her in-laws including the present applicant. It is further submitted that nowadays a general tendency is increasing to falsely implicate the near and dear relative of the husband. The applicant is in jail from 26.7.2021 i.e. more than five months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
4. Per contra, the application is vehemently opposed by the counsel for the State.
5. Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
6. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
7. In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
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.
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'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 court considered the compromise between the parties, the affidavit from the deceased's father, and the similarity to a co-accused who was granted anticipatory bail as influential factors in grant....
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
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