Bharatsingh S/O Aatmaram vs State Of M.P

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime

No.213/2021 registered at Police Station- Kotwali, District- Shajapur (MP) for offence punishable under Sections 304-B, 34 of the IPC.

The applicant is in custody since 19/05/2021.

Allegation against the applicant is that his daughter-in-law Payal has committed suicide on 30.4.2021 on account of demand of dowry. It is alleged that

her marriage with the son of the applicant, which took place on 30.1.2020.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case as the deceased herself was suffering from

depression on account of frequent deaths in the family. Counsel has drawn attention of this Court towards the fact that the the present applicant's

wife, the mother-in-law of the deceased died on account of cancer on 14.11.2020 and thereafter the father of the applicant died on 21.4.2021 on

account of corona and within seven days time on 12.4.2021 the mother of the applicant has also passed away on account of Corona. Thus, it is

submitted that within a short span of five months three deaths took place in the applicant's family and within two days time of the last death on

30.4.2021 the daughter-in-law of the applicant committed suicide. Counsel has submitted that the applicant and his family was already grieving the loss

of life in the family and there was no occasion for them to demand dowry from the deceased or her parents. It is further submitted that the husband of

the deceased is the only son of the applicant and they have already a four wheeler in their house, 120 car and as such they are well-endowed and

there was no occasion for them to demand any dowry. Thus, it is submitted that looking to the aforesaid facts and also looking to the fact that the

applicant is in jail since 19.5.2021 the applicant be released on bail as no further recovery or discovery is to be made at the instance of the applicant.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that the allegations against the applicant and his two

daughters are that they demanded a four wheeler from the deceased and her family members.

Having considered the rival submissions, perusal of the case diary including the documents filed by the applicant along with the bail application and on

careful examination of the death certificates of the various family members of the applicant, this Court finds forced with the contentions raised by the

counsel for the applicant and thus taking note of the deaths, which took place in the family applicant on 14.11.2020, 12.4.201 and 21.4.2021, if the

deceased had committed suicide on 30.4.2021 the possibility of the deceased suffering from depression cannot be ruled out. In such circumstances, in

the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on

bail upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) 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.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.