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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Rubeena & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 4994 of 2023
Decided On : 31-01-2023
Bail Application - Offence under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act - The court allowed the bail application based on the facts and circumstances of the case and the submissions made by the applicants' counsel, without commenting on the merits of the case.
Fact of the Case:
The applicants, who are the Jeth and mother-in-law of the deceased, were arrested in connection with a case involving offences under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act. The deceased had committed suicide, and allegations of demanding dowry were made against the applicants.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application based on the facts and circumstances of the case and the submissions made by the applicants' counsel.
Issues: The main issue was the grant of bail to the applicants who were accused of serious offences related to dowry and abetment to suicide.
Ratio Decidendi: The court considered the facts and circumstances of the case, the submissions made by the applicants' counsel, and the need for the applicants to be present during trial, and granted bail without commenting on the merits of the case.
Final Decision: The court allowed the bail application and ordered the release of the applicants on furnishing bail bond of Rs.25,000/- each with one solvent surety each in the like amount to the satisfaction of the trial Court, with the condition that they will be present during trial before the trial Court on each and every date.
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.
5. Learned counsel for the State opposed the bail application and prayed for its dismissal.
6. Both the Advocates are heard. Case diary perused.
7. Looking to the facts and circumstances of the case and the submission made by learned counsel for the applicants, without commenting on 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 on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, he should be released on bail.
8. They will present during trial before the trial Court on each and every date.
9. Application stands allowed and disposed of.
10. Copy of this order be sent to the trial Court concerned for compliance.
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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