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.

ORDER

This is first bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.190/2023 registered at Police Station-Chhichli Gadarwara District-Narsinghpur (M.P.) for the offence punishable under Section 498, 304-B, 34 of IPC & 3/4 of Dowry Prohibition Act.

2. Learned counsel appearing for the applicant submitted that applicant was married to deceased on 21.05.2021. She committed suicide by hanging on 06.07.2023. It is submitted by counsel appearing for applicant that deceased used to talk to some other person and husband used to object it. Due to strain relationship, deceased committed suicide. There was no demand of dowry and harassment. In these circumstances, applicant may be enlarged on bail. 3. Learned Govt. Advocate appearing for the respondent/State opposed the bail application. It is submitted that four wheeler and washing machine was demanded in dowry. She was also harassed for said demand. In these circumstances, she committed suicide and offence is made out against applicant.

4. Heard learned counsel for the parties. 5. General allegations are made against the applicant. No proximity of harassment with suicide is shown by prosecutrix in case diary. Allegations are general in nature.

6. Considering the facts and circumstances of the case, bail application filed by the applicant is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial court for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

8. C.C. as per rules. (VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: SHABANA ANSARI Signing time: 20-03-2024 15:33:15