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.

ORDER

This is the first bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No. 1183/2023, registered at Police Station-Multai, District Betul (MP) for the offence under Sections 306, 498-A and 304-B of IPC and Sections 3 and 4 of Dowry Prohibition Act.

2. Learned counsel appearing for the applicant submitted that deceased committed suicide not for dowry demand but she was having grievance that she was asked to work in agricultural field and dictated to do many household works. In view of same, death of deceased will not fall within definition of dowry death. In these circumstances, prayer is made that applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed the bail application. It is submitted that deceased was harassed within 7 years of marriage and dowry demand is being made. In these circumstances, applicant may not be released on bail.

4. Heard learned counsel for the parties.

5. Considering the suicide note of deceased, without commenting on the merits of the case, bail application filed by the applicant is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent 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.

6. 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.