IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

rd

ON THE 3 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 55311 of 2025 KUNAL Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Vivek Singh -Senior Advocate along with Shri Rishiraj Ayachi, Advocate for the applicant.

Shri Viraj Godha -GA appearing on behalf of Advocate General[r-1].

Shri Ashish Gupta, Advocate for the respondent [OBJ].

ORDER

1] They are heard and perused the case diary.

2] This is the applicant's first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.596/2025 registered at Police Station Rajpur, District- Barwani (MP) for offence punishable under Sections 80(2) and 85 of the Bharatiya Nyaya Sanhita, 2023 and section 3/4 of the Dowry Prohibition Act. The applicant is in custody since 25.10.2025.

3] The allegation against the applicant is of his involvement in the case of dowry death wherein his wife/Chaya committed suicide by consuming a poisonous substance.

4] Counsel for the applicant has submitted that the mother-in-law of the deceased, Kalabai, has already been granted anticipatory bail by this Court vide order dated 3.11.2025 passed in MCRC.No.47854/2025, and the case of the applicant is identical to that of co-accused Kalabai, as this Court in the order passed in favour of co-accused Kalabai has also noted the fact that the deceased had an affair with some person, which fact she had confided to her brother-in-law/Ravi, which had led to the misunderstanding and dispute between the parties, which ultimately resulted in the death of the deceased/Chaya.

5] Counsel for the applicant has further submitted that there is nothing on record to suggest that the applicant in any way used to harass the deceased, and the dispute, if any, was only matrimonial in nature, and only omnibus allegations regarding the demand of dowry have been made. It is further submitted that the charge sheet has been filed and that the applicant is lodged in jail since 25.10.2025, and the conclusion of the trial will take sufficiently long time. Thus, it is prayed that the application be allowed. 6] Counsel for the State as also the objector have opposed the prayer. 7] Heard. On due consideration of submissions and on perusal of the case-diary, and the fact that the charge sheet has already been filed and only omnibus allegations have been levelled against the applicant, and the applicant is lodged in jail since 25.10.2025, and the conclusion of the trial will take sufficiently long time, this Court is inclined to allow the present application.

8] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

9] However, it is directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the trial Court itself, which shall decide the same in accordance with law.

10] Accordingly, the application is allowed and disposed of.

(SUBODH ABHYANKAR)

JUDGE das