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2025 Supreme(Online)(MP) 7206
HIGH COURT OF MADHYA PRADESH
VIVEK JAIN, J
DEEPAK KUSHWAHA – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent
MISC. CRIMINAL CASE No. 37272 of 2025
For the Appellants/Petitioners: Shri Shailesh Kumar Jain
For the Respondents: Shri Hitendra Singh
The court granted bail under strict conditions despite serious allegations, considering the circumstances and evidence presented.
Headnote:This application under Section 483 of B.N.S. seeks bail for the applicant, arrested in Crime No.108/2025 for offences under Sections 85, 80(2) of B.N.S. and the Dowry Prohibition Act. The applicant, husband of the deceased, claims that the allegations against him are not substantiated, as the suicide note indicates willful suicide, not harassment. The court grants bail, citing the totality of circumstances while imposing strict conditions for compliance. The order emphasizes cooperation during trial and prohibits any illicit conduct or travel without permission.
| Table of Content |
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| 1. court considers facts related to bail application. (Para 1 , 2) |
| 2. state's opposition to bail is noted. (Para 3) |
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 29 OF SEPTEMBER, 2025 MISC. CRIMINAL CASE No. 37272 of 2025 DEEPAK KUSHWAHA Versus THE STATE OF MADHYA PRADESH Appearance:
Shri Shailesh Kumar Jain - Advocate for applicant.
Shri Hitendra Singh - Government Advocate for State.
ORDER The present application under Section 4 83 of BNSS for grant of bail has been filed by applicant who has been arrested in connection with Crime No.108/2025 registered at Police Station - Maharajpur, District Chhatarpur (M.P.) for offence punishable under Sections 85 , 80(2) of B.N.S. and under Section 3 /4 of the Dowry Prohibition Act . He is in custody since 13.04.2025.
2. The counsel for applicant submits that the applicant is husband of deceased and is in custody since 13.04.2025. The allegation is of suicidal death of wife of applicant. His wife committed suicide after about 1 and a half year of marriage. Admittedly, the marriage was intercaste marriage and without consent of parents of deceased. Therefore, the allegations of demand of dowry are prima facie unsustainable. It is further argued that in the suicide note left by the deceased, she had categorically stated that she willfully committed suicide and her husband has not harassed her in any manner. The suicide note is available in the case diary and has been produced in the court.
3. Per contra, counsel for the State opposed the application for grant of bail on Signature Not Verified Signed by: PREM SHANKAR the material available on record.
4. Looking to the totality of facts and circumstances but without commenting anything on merits of the case, this Court deems it appropriate to grant benefit of bail to the applicant. It is hereby directed that the applicant Deepak Kushwaha be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) with solvent surety of the like amount to the satisfaction of the trial Court concerned.
