Brijendra vs State Of Madhya Pradesh

Devnarayan Mishra, J

This is the first bail application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.69/2026 registered at Police Station-Prithvipur, District-Niwari (M.P.) for the offence punishable under Sections 80(2), 85, 3(5) of BNS and Section 3/4 of Dowry Prohibition Act.

Learned counsel for the applicant has submitted that the applicant is not involved in the offence. The applicant's wife was suffering from ailments and she had conceived two times but aborted. On the date of incident, she was feeling unwell and pain in her chest, thereafter, she was taken to Community Health Centre, Prithvipur from where she was referred to Jhansi. During the treatment, she died. It is further submitted that in the postmortem report, no cause of death has been assigned and the visceral organs have been preserved and sent for FSL examination. It is a natural death. There is allegation that the applicant was demanding a buffalo as dowry. The applicant has falsely been implicated in the case. Trial will take time to be concluded, hence, the applicant be released on bail.

Learned counsel for the State has opposed the bail application and submitted that the applicant along with his family members was constantly harassing the victim for demand of dowry, hence, no case of bail is made out.

Heard the parties and perused the case diary.

On perusal of the case diary, it is clear that in the postmortem report, no external injury was found on the body of the deceased. No specific cause of death has been given by the autopsy surgeon. The FSL report is awaited. It is alleged that the applicant along with his family members was demanding a buffalo as dowry. The applicant as well as complainant party belongs to economically and socially weaker section.

Looking to the factual aspects of the case coupled with the fact that trial will take time to be concluded, this Court deems it appropriate to enlarge the applicant on bail. Thus, without commenting on the merits of the case, the application is allowed.

It is directed that the applicant shall be released on bail on his furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.

Accordingly, M.Cr.C. stands disposed of.

C.C. as per rules.