Anand vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is second application under Section 439 of the Cr.P.C for grant of bail. The applicant Anand was arrested on 25/10/2019 in connection with

Crime No.436/2019 registered at Police Station Dehat Partala, District Chhindwara (M.P.) for the offence punishable under Sections 498-A, 304-B of

the IPC and Section 3, 4 of the Dowry Prohibition Act.

The earlier bail application filed by the applicant was dismissed as withdrawn by this Court vide order dated 21/01/2020 passed in

M.Cr.C.No.54495/2019.

As per the prosecution case, on 30/09/2019 deceased Saraswati Uikey wife of applicant Anand committed suicide by consuming poisonous substance.

It is alleged that applicant used to harass her and demanded dowry, due to which she committed suicide within three months of her marriage.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The allegations regarding

demand of dowry are general in nature. The statements of brother of deceased Ramnath (PW/1), sister-in-law (nanad) Shivkali (PW/2), sister Sonam

(PW/3) and father Ramchand (PW/4) have been recorded by the trial Court. The applicant has been in custody since 25/10/2019. The charge-sheet

has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that the statements of brother of deceased Ramnath (PW/1), sister-in-law (nanad)

Shivkali (PW/2), sister Sonam (PW/3) and father Ramchand (PW/4) have been recorded by the trial Court, the allegations regarding demand of

dowry are general in nature, the applicant is in custody since 25/10/2019 and conclusion of the trial will take time, without commenting on merits of the

case, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs.

Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M./trial Court for his appearance before the trial

Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

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

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

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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.

C.C. as per rules.