Gulshan Singh Parihar vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is the first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) filed by the applicant seeking grant of bail.

The applicant has been arrested on 07.01.2025 in connection with Crime No. 142/2024 registered at Police Station Chinore District Gwalior, for offences punishable under Sections 80(2), 3(5) added Section 85 of BNS and 3/4 of Dowry Prohibition Act.

The applicant/accused, being the husband of the deceased, is alleged to have subjected her to physical and mental cruelty for demanding a car and Rs.3,50,000/- as dowry, as a consequence of which she committed suicide by hanging. Accordingly, offences under Section 80(2), 3(5), 85 of the B.N.S. and Sections 3/4 of the Dowry Prohibition Act have been registered against him.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the material prosecution witnesses, namely Devendra Gaur (PW-1), father of the deceased; Smt. Meera (PW-2), mother of the deceased; Shailendra (PW-3), uncle of the deceased; Ravindra Singh (PW-4), brother of the deceased; and Rainu Parmar (PW-5), elder sister of the deceased, have already been examined and none of them has supported the prosecution case. All the aforesaid witnesses have turned hostile. The applicant is a permanent resident of District Gwalior and there is no likelihood of his absconding or tampering with the prosecution witnesses. The conclusion of the trial is likely to take considerable time. In view of the aforesaid facts and circumstances, it is humbly prayed that the applicant be enlarged on bail.

Per contra, learned counsel for the State has opposed the bail application and prayed for its rejection.

Heard counsel for the parties and perused the case diary.

Considering the overall facts and circumstances of the case, the period of custody already undergone and in view of the fact that the material prosecution witnesses have turned hostile coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without commenting on merits of the case, this bail application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court.

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 other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

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

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

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.