Aniket vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is the third application filed by the applicant under Section 483 of B.N.S.S. for grant of bail. The applicant has been arrested in connection with Crime No.4/2025 registered at Police Station - Anandpur, District - Vidisha (M.P.) for the offence under Sections 80, 85 and 3(5) of BNS, 2023 and Section 3/4 of Dowry Prohibition Act. His first and Second bail applications were dismissed as withdrawn as well as merit.

The story of the prosecution in short is that on 03.12.2024, the present applicant after having dinner has gone to outside. His wife/deceased was at home. When the present applicant returned home, he found that the door of the house was locked from inside. The applicant asked his wife to open door but found no response. Then, he called his relatives and tried to peep into the house and found that his wife had committed suicide by hanging herself. During inquiry, it was found that the deceased was subjected to mental and physical cruelty on the part of the present applicant and the other co-accused persons. The present applicant also demanded motorcycle in dowry and was also mishandling the money of the deceased. Due to which, she committed suicide. Accordingly, offence has been registered.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated. He is in custody since 10.06.2025. It is further submitted that statements of mother--Hari Bai and brother-Lokesh have been recorded before the trial Court as PW/1 and PW/2 respectively,. However, they did not support the prosecution case and turned hostile in the matter. There is no previous criminal antecedent against the present applicant. Investigation is completed and charge-sheet has been filed, therefore, there is no requirement of further custodial interrogation of the applicant and trial is likely to take long time to conclude. Applicant is the permanent resident of District - Vidisha (M.P.) and there is no possibility of her absconsion or tampering with the prosecution evidence, if released on bail.

On the other hand, learned State counsel vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary.

Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case, but 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) along with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court.

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

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

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

iii) The applicant will not indulge himself /herself 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 acts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not commit any other offence or will not repeat the offence in future. In case offence of same nature is repeated, this bail order shall automatically stand cancelled;

v) The applicant will not seek unnecessary adjournments during the trial;

and

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

E- copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.