Order on Board

17.03.2025

1. The applicant has preferred this First Bail Application under Section

483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 51/2024, registered at Police Station : Thana- Baradwar, District- Sakti (C.G.) for the offence punishable under Section 304-B/34 of Indian Penal Code.

2. The case of the prosecution, in brief, is that the deceased, Khushbu, was married to Laxminarayan on 06.12.2020. The applicant is the husband of the deceased. The prosecution further RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN alleges that soon after the marriage, the applicant and other co- accused harassed the deceased for dowry and subjected her to cruelty, which ultimately led her to commit suicide by hanging herself on 08.02.2024. Based on this allegation, the police registered an offence against the applicant and initiated an investigation.

3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the investigation has been completed and the charge-sheet is filed prosecution agency has not collected any material evidence which can constitute the ingredients of offence of dowry death. He further submits that other co-accused persons namely, Ramlal Rathore and Smt. Kaushilya Bai Rathore have been granted bail by this Court in MCRC No. 7721/2024 vide order dated 07.11.2024. He also submits that the present applicant is in jail since 22.08.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case.

4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the applicant is the husband of the deceased and after the marriage, the applicant and other co-accused harassed the deceased for dowry and subjected her to cruelty, which ultimately led her to commit suicide by hanging herself on 08.02.2024. Therefore, the present applicant is not entitled to be granted regular bail in this case.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case that though the present applicant is the husband of the deceased and the applicant subjected the deceased, Khushbu, to harassment and cruelty over dowry demands, which ultimately drove her to commit suicide but, there was no suicide note and other co-accused persons namely, Ramlal Rathore and Smt. Kaushilya Bai Rathore have been granted bail by this Court in MCRC No. 7721/2024 vide order dated 07.11.2024 and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 22.08.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case.

7. Let applicant, Laxmi Narayan Rathore, involved in Crime No.

51/2024, registered at Police Station : Thana- Baradwar, District- Sakti (C.G.) for the offence punishable under Section 304-B/34 of Indian Penal Code, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of