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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Gurudayal – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 2315 of 2023
Decided On : 16-01-2023
Bail - Criminal Procedure - Grant of bail to applicant Gurudayal in connection with offence under Sections 304B, 498A, 34 of IPC and Section 3/4 of the Dowry Prohibition Act
Fact of the Case:
The applicant filed a second application for grant of bail after the first application was dismissed. The change in circumstances led to the examination of family members who turned hostile and did not support the prosecution's case. The allegation against the applicant is of cruelty to his wife due to dowry demand resulting in her suicide.
Finding of the Court:
The court allowed the application and directed the applicant to be enlarged on bail upon furnishing a personal bond and surety to the satisfaction of the trial court.
Issues: Second application for grant of bail, change in circumstances, hostile witnesses, cruelty to wife due to dowry demand
Ratio Decidendi: The change in circumstances, particularly the turning of family members as hostile witnesses, influenced the court's decision to grant bail to the applicant.
Final Decision: The application for bail was allowed, and the applicant was directed to be enlarged on bail upon fulfilling the specified conditions.
JUDGMENT
Atul Sreedharan, J. - This is second application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant Gurudayal in connection with Crime No.32/2022 for the offence punishable under Sections 304B, 498A, 34 of IPC and Section 3/4 of the Dowry Prohibition Act, registered at Police Station City Kotwali, District Bhind (Madhya Pradesh).
2. This is the second application for grant of bail. The first application was dismissed on merits vide order dated 25.07.2022. Thereafter by way of change in circumstances, the mother, sister-in-law, father and brother have been examined before the trial Court and they have turned hostile and have not supported the prosecution's case. The allegation against the applicant is of cruelty to his wife on account of dowry demand due to which she is stated to be committed suicide by hanging.
3. In view of what has been stated and considered hereinabove, the application is allowed. It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.
Certified copy as per rules.
The change in circumstances, particularly the turning of family members as hostile witnesses, can influence the court's decision in granting bail.
Grant of bail based on changed circumstances and parity with co-accused, without expressing opinion on merits of the case.
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 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 seriousness of the charge, severity of the punishment, and prima facie reasons for granting bail in serious offences are crucial considerations for bail applications. Additionally, successive bai....
The court has the discretion to grant bail under Section 439 of the Criminal Procedure Code, 1973, considering the circumstances of the case and the likelihood of a lengthy trial, without reflecting ....
The court may grant bail based on the statements of witnesses and the likelihood of the trial taking time for its conclusion, 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.
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