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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Rajesh @ Rinku & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61918 of 2022
Decided On : 03-01-2023
Anticipatory Bail - Criminal Law - The court granted anticipatory bail to the applicants who were apprehending arrest in connection with offences under Sections 498-A, 304-B, 34 of IPC and Sections 3/4 of the Dowry Prohibition Act. The court allowed the application, directing the release of the applicants on bail upon furnishing a personal bond.
Fact of the Case:
The applicants filed an application for grant of anticipatory bail as they were apprehending arrest in connection with a case involving offences under Sections 498-A, 304-B, 34 of IPC and Sections 3/4 of the Dowry Prohibition Act.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the application and directed the release of the applicants on bail upon furnishing a personal bond.
Issues: Apprehension of arrest in connection with the mentioned offences, innocence of the applicants, and cooperation in investigation/trial.
Ratio Decidendi: The court considered the facts and circumstances of the case and granted anticipatory bail to the applicants, emphasizing their readiness to cooperate in the investigation/trial.
Final Decision: The court allowed the application for anticipatory bail and directed the release of the applicants on bail upon furnishing a personal bond.
JUDGMENT
Deepak Kumar Agarwal, J. - This is First application under section 438 of Cr.P.C. filed by the applicants for grant of anticipatory bail.
2. The applicants are apprehending their arrest in connection with Crime No.1055/2022 registered at Police Station Morar, District Gwalior (MP) for the offence punishable under Sections 498-A, 304-B, 34 of IPC and Sections 3/4 of the Dowry Prohibition Act.
3. In brief, the prosecution case is that on 12.11.2022 Dhara Singh gave an information to police Station, Morar, that on 10.11.2022 at 1.30 am Banti Jatav, Jeth of her sister Poonam, informed him that his sister deceased Poonam is admitted in Birla Hospital. On the information, he along with his family members reached Birla Hospital and came to know that his sister Poonam has consumed acid and her condition is critical. Thereafter during treatment on 11.11.2022 at 11 pm she died. On his information, Merg No.8/2022 was recorded. Dead-body Panchnama was prepared. Dead-body was sent for postmortem. As per postmortem report, death seems to be of poisoning. Viscera was preserved for chemical analysis. During Merg enquiry, statements of mother and father of the deceased were recorded in which they alleged against in-laws of the deceased that they used to demand Rs. two lac and on non-fulfillment of aforesaid demand, they used to harass the deceased, due to this, she consumed acid and died in suspicious circumstances. After about 1 month, FIR bearing crime No.1055/2022 for the aforesaid offences have been registered.
4. Learned counsel for the applicants submits that applicants are innocent and falsely implicated in the case. They are Devar and Jethani of the deceased respectively. Applicants are ready to abide by the conditions as may be imposed by this Court. They undertake to cooperate in investigation/trial. On such premises, learned counsel for the applicants prayed for anticipatory bail.
5. Learned Public Prosecutor opposed the bail application and prayed for its rejection.
6. Heard learned counsel for the parties and perused the case diary.
7. Looking to facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is directed that in the event of arrest, applicants be released on bail on furnishing a personal bond in the sum o f Rs.25,000/- (Rs. twenty Five Thousand) each with one solvent surety each of the like amount to the satisfaction of the Arresting Authority/Investigating Officer.
8. The applicants shall abide by the conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
9. With the aforesaid, the present application stands disposed of.
Certified copy as per rules.
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....
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 main legal point established in the judgment is the grant of anticipatory bail under Section 438 of Cr.P.C. in a case involving serious offences punishable under Sections 304-B, 498-A, 34, 120-B ....
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 court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
The court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
Grant of anticipatory bail based on the suspicious nature of the prosecution story and the claim of innocence by the applicant's counsel.
Anticipatory bail granted due to lack of evidence against the elderly petitioner and absence of necessity for custodial interrogation.
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