IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY st ON THE 21 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 57728 of 2025 BRAJBHAN KUSHWAHA Versus THE STATE OF MADHYA PRADESH Appearance:

Mr. Jagdish Prasad Singrol - Advocate for applicant.

Smt. Nalini Gurung PL appeared for respondent-State.

ORDER This is the second bail application filed by the applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.165/2025 registered at Police Station-Simariya, District Panna (M.P.) for the offences punishable under Sections 80, 85, 3(5) of BNS and sections 3/4 of Dowry Prohibition Act. Applicant is in custody since 25.4.2025.

2. His first application for the same relief was dismissed as withdrawn vide order dated 19.9.2025 passed in MCRC No.39764/2025.

3. As per the prosecution case, deceased had married with the present applicant on 03.02.2024 and thereafter, during the marg enquiry, it was found that applicant along with co-accused persons used to demand one motorcycle and One Lac rupees in cash in dowry and applicant along with accused persons continuously harassed deceased for demand of dowry and on account of aforesaid, deceased committed suicide by hanging on

4.3.2025.

4. Learned counsel for the applicant submitted that the applicant is in jail since 25.4.2025. There are general and omnibus allegations leveled against the present applicant. It is also submitted that the marriage of the applicant with the deceased was performed on 3.2.2024. Thereafter, marriage of younger brother of the applicant with the cousin of the deceased was held on 13.2.2025. Thereafter, family disputes arose between the parties. It is also submitted that there is no overt-act on the part of the applicant to establish direct nexus of the applicant's act of committing suicide by the deceased. It is also urged that co-accused persons namely Narayan Kushwaha & Genda Bai and Shyamlal Kushwaha have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated 24.7.2025 and 12.06.2025 passed in MCRC No.28142/2025 and MCRC No.20199/2025 respectively. It is also submitted by the learned counsel for the applicant that the case of the present applicant is on better footing in relation to co-accused persons, who have already been released on bail. Thus, it is prayed that the applicant may be released on regular bail.

5. Learned counsel for the respondent/State has opposed the bail application on the ground that the applicant being the husband of the deceased, the responsibility of the husband is on higher pedestal. It is also urged that statements of the deceased recorded during the investigation reveal that there was demand of dowry and cruelty on the part of the present applicant along with other co-accused persons. Thus, it has been prayed that the application be dismissed.

6. Considering the overall facts and circumstances of the case and the fact that the applicant is in jail since 25.4.2025 and particularly the fact that there are general and omnibus allegations leveled against the present applicant and other co-accused persons and other co-accused persons have already been released on bail and except the applicant, who is the husband of the deceased and he is similarly placed person with the co-accused persons. Under these circumstances, I am inclined to enlarge the applicant on bail. Thus, without commenting anything on the merits of the case, this application is allowed.

7. It is directed that the present applicant shall be enlarged on bail his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with separate surety in the like amount to the satisfaction of the trial court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial. It is further directed that the applicant shall comply with the provisions of Section 480 (3) of BNSS.

8. Accordingly, this