High CourtsSingle Bench

Chandrakala Kavreti vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 25 April 2024 · Citation: (2024) 04 MP CK 0167

HON’BLE JUDGES
Vishal Dhagat, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 34, 304B, 498A · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 7151 Of 2024
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Judgment

12 paragraphs · 392 words

Vishal Dhagat, J

1.

This is the second application filed by applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail to applicant who is in jail since 6.11.2023 relating to FIR No.435/2023, registered at Police Station-Dehat Chhindwara, District Chhindwara (MP) for the offence under Sections 498-A, 304-B and 34 of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act.

2.

Learned Senior Counsel appearing for applicant submitted that applicant is mother-in-law of deceased namely Ranjana. Son of applicant namely, Manoj was married to deceased on 5.2.2020. Thereafter Manoj alongwith his wife and daughter Tejasvi shifted to Chhindwara. He was constructing a house and demanded some money for construction. It is submitted that demand of money was not related to marriage. Death has taken place on 9.8.2023. There is no allegation of demand of dowry soon before her death. In these circumstances, applicant may be released on bail.

3.

Learned Government Advocate appearing for the State opposed the application for grant of bail. He read over the statement of the relatives. In these circumstances, applicant may not be released on bail.

4.

Heard the counsel for the parties.

5.

Considering the facts and circumstances of the case, bail application filed by the applicant is allowed.

6.

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

7.

The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which she is accused, or suspected of the commission of which she is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.