IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE st ON THE 21 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 3046 of 2026 ANIL KUSHWAH Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Ram Krishna Pathak - Advocate for the applicant.

Shri Brijesh Kumar Tyagi - Public Prosecutor for the State.

ORDER The applicant has filed this fourth application under Section 483 of the BNSS for grant of bail, after withdrawing his earlier application vide order dated 17.10.2025 passed in M.Cr.C. No. 47302 of 2025. He was arrested on 10.03.2025 in connection with Crime No. 52/2025 registered at Police Station Gohad, District Bhind, for offences punishable under Sections 80, 85, 3(5) of BNSS, read with Sections 3 and 4 of the Dowry Prohibition Act.

The allegation against the applicant pertains to dowry-related cruelty, which allegedly led to the death of the deceased, the applicant’s wife, by hanging on 02.02.2025. The marriage between the applicant and the deceased took place on 20.04.2018.

Learned counsel for the applicant submits that this is his fourth bail application. The earlier application was dismissed as withdrawn vide order dated 17.10.2025 in M.Cr.C. No. 47302 of 2025. Since then, there has been a change in circumstances, including the examination of the statements of the father and mother of the deceased before the trial court. It is further submitted that the applicant is innocent and has been falsely implicated in this case. He was not involved in any demand of dowry, nor did he subject the deceased to any physical or mental cruelty. The allegations against the applicant are vague, general, and omnibus in nature, without any specific overt act attributed to him. It is submitted that the marriage between the applicant and the deceased was cordial, and the deceased was of a sensitive nature. Prior to her death, the deceased had been residing at her parental home for approximately one and a half to two years. She had a pre-existing relationship with another person even before her marriage, which led her to reside at her parental home. During this period, she did not meet the applicant, and no material evidence exists regarding events immediately preceding her death. It is further submitted that the applicant is in custody since 10.03.2025. It is further submitted that trial will take time for its conclusion and the applicant is permanent resident of District Bhind and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Per contra, learned Public Prosecutor appearing for the State vehemently opposed the application and prayed for its rejection, considering the nature and gravity of the offence.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court, subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court tor to the Police Officer, as the