The High Court Of Madhya Pradesh
The High Court Of Madhya Pradesh
MCRC-18905-2021
(NATHU SINGH AND OTHERS Vs STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 23-04-2021
Heard through Video Conferencing.
Shri Amit Jain, learned counsel for the applicants.
Shri Gaurav Tiwari, learned Panel Lawyer for the respondent- State.
Heard.
This first bail application under Section 438 of the Code of Criminal
Procedure has been filed by the applicants apprehending their arrest in
connection with Crime No.64/2021, registered at Police Station - Bandri
District Sagar, for the offence punishable under Sections 498(A), 304(B) read
with Section 34 of IPC and Section 3/4 of Dowry Prohibition Act.
Learned counsel for the applicants submits that from the statement of
the witnesses, recorded by the police it has come in the record that the
deceased and her husband Niranjan used to reside separately from the present
applicants, therefore, the allegations made by the father of the deceased
regarding demand of dowry and harassing the deceased are not correct and
present applicants have no direct connection with the deceased and her
husband as they were residing separately, therefore, they have been falsely
made accused in the alleged crime. It is further submitted by learned counsel
for the applicants that there was no direct allegation against the present
applicants, even at the time of occurrence the parents of the deceased were
present at spot but they did not made any complaint in this regard.
On the other hand, learned Panel Lawyer although opposed the
application and submitted that considering the nature of allegations, the
present applicants are not entitled to get benefit of anticipatory bail.
Considering the aforesaid, without commenting anything on the merits
of the case, I am inclined to consider the bail application and it is accordingly
allowed.
1
MCRC-18905-2021
Digitally signed by VINAY KUMAR VERMA
Date: 2021.04.23 17:52:02 IST
SAN
Signature Not Verified
2
MCRC-18905-2021
It is directed that in the event of arrest, the applicants be released on
bail upon their furnishing a bail bond in the sum of Rs.50,000/- (Rupees Forty
Thousand) each with one solvent surety each of the like amount to the
satisfaction of Station House Officer/Arresting Officer of the Police Station
concerned.
The applicants shall abide by the conditions enumerated under Section
438 (2) of the Code of Criminal Procedure. Certified copy as per rules.
(SANJAY DWIVEDI)
JUDGE
vkv /-
Signature Not Verified
Signature Not Verified
SAN
SAN
Digitally signed by VINAY KUMAR VERMA
Digitally signed by VINAY KUMAR VERMA
Date: 2021.04.23 17:52:02 IST
Date: 2021.04.23 17:52:02 IST