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DEEPAK KUMAR AGARWAL
Rubeena – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. Applicant No.1 has been arrested on 20.12.2022 and applicant No.2 has been arrested on 27.12.2022 on by Police Station Rannod, District Shivpuri (M.P.) in connection with crime No.197/2022 for the offence punishable under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act.
3. As per prosecution case, Niggah of deceased Rihana was solemnized with Sarafat Khan in 2016. On 11.12.2022, deceased Rihana was committed suicide. Marg was enquired. Dead body panchnama was recorded. Dead body was sent for postmortem. Statement of maternal side of the deceased was recorded in which a motor cycle was demanded on dowry. On the report, the aforesaid offence was registered at Crime No.197/2022 at P.S. Rannod, District Shivpuri.
4. Learned counsel for the applicants submits that applicants are Jeth and mother-in-law of the deceased. They are innocent and have been falsely implicated in the case. Omnibus allegations are levelled against the applicants. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
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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'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 to the accused, considering 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.
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 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.
The legal principle established is that an accused person should not be kept in custody for an indefinite period without sufficient evidence or trial, and bail may be granted under reasonable conditi....
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.
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
Grant of anticipatory bail based on the facts and circumstances of the case and the conditions specified in Section 438 of Cr.P.C.
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