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2024 Supreme(Online)(MP) 27719
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PREM NARAYAN SINGH ON THE 1st OF MARCH, 2024 MISC. CRIMINAL CASE No. 6090 of 2024 BETWEEN:- LOKESH MODI S/O NANDLALMODI, AGED ABOUT 38 YEARS, OCCUPATION: PRIVATE JOB HOUSE NO. 2, SECTOR B RISHI PALACE HAWABANGLA INDORE (MADHYA PRADESH) .....APPLICANT (SHRI ABHISHEK RATHORE, LEARNED COUNSEL FOR THE PETITIONER ). AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION DWARKAKURI (MADHYA PRADESH) .....RESPONDENT (SHRI SURENDRA KUMAR GUPTA - GOVT. ADVOCATE). This application coming on for admission this day, the court passed the following:
Abhishek Rathore,Advocate General
An accused can be granted bail even in cases of serious offences, such as suicide, cruelty, and dowry death, after considering the facts and circumstances of the case, the custody period of the accused, and the presumption under Section 113-A of the Evidence Act.
Headnote:
BAIL - SECTION 439 CRPC - SUICIDE - CRUELTY - DOWRY DEATH - PRESUMPTION UNDER SECTION 113-A OF EVIDENCE ACT - BAIL GRANTED AFTER TWO MONTHS OF CUSTODY
Fact of the Case:
The applicant was arrested in connection with an FIR registered for offences under Sections 306, 498-A, and 34 of the IPC. He had earlier filed a bail application which was dismissed as withdrawn with liberty to renew the prayer after two months or after recording of statements of witnesses, whichever was earlier. The present bail application was filed after completion of two months.
Finding of the Court:
The court found that the applicant had been in custody for two months and that the trial would take a long time. It also noted that the applicant had himself lodged the FIR and taken the deceased to the hospital for treatment.
Issues: Whether the applicant should be granted bail.
Ratio Decidendi: The court held that it was a case in which the applicant could be released on bail, considering the facts and circumstances of the case, the custody period of the applicant, and the presumption under Section 113-A of the Evidence Act.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail on furnishing a personal bond of Rs. 50,000/- with one solvent surety in the like amount.
ORDER
This is the second bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in relation to FIR/ Crime No. 621/2023 registered at police station Dwarikapuri, District Indore for the offences under Section 306, 498-A, 34 of IPC. He is in custody since 05.09.2023. 2. Earlier, first bail application of the applicant was dismissed as withdrawn vide order dated 30.11.023 passed in MCRC No.51810/2023 with liberty to renew the prayer after two months or after recording of statement of witnesses, whichever is earlier. Now, after completion of two months, the present petition has been filed by the applicant.
3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. In this case the applicant himself has lodged the FIR and he himself taken the deceased to the hospital for treatment and but before starting the treatment, she declared dead. Mother-in- law and sister-in-law of the deceased have been enlarged on bail. Allegation against the applicant has been made only on the basis of presumption under Section 113-A of Evidence Act. The applicant is in jail since 05.09.2023 and the trial will take sufficient long time. Hence, prays for grant of bail. 4. On the other hand, learned counsel for the State opposed the prayer and prayed for its rejection.
5. After hearing learned counsel for the parties and looking to the facts and circumstances of the case as well as custody period of the applicant, I am of the view that it is a case in which applicant may be released on bail.
Consequently without commenting on the merits of the case, bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed. 6 . It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective. Certified copy as per rules.
(PREM NARAYAN SINGH) JUDGE VD Signature Not Verified Certified copy as per rules.
(PREM NARAYAN SINGH) JUDGE VD
