Heeralal Dhanuk vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is third bail application u/S. 439 Cr.P.C. filed by the applicant for grant of bail. Earlier application (MCRC No. 42948/2019) had been dismissed as withdrawn vide order dated 22.10.2019.

The applicant has been arrested on 31.07.2019 by Police Station Thatipur, District Gwalior in connection with Crime No.353/2019 registered in relation to the offences punishable u/Ss.498-A, 306/34 of IPC.

It is submitted by the learned counsel for the applicant-Heeralal Dhanuk that he is father-in-law of the deceased. In FIR, the deceased had stated as under :-

''घटना दिनांक 21.07.2019 को सूचना पर प्रातः गश्त प्रभारी उ.नि. प्रमोद शर्मा द्वारा डाक्टर एम.एस.मुरली तेजा की तहरीर पर कि मरीज कथन देने की स्थिति में है, किसी कार्यपालिक मजिस्ट्रेट के न पहुंचने पर वीडियो रिकार्डिंग कर मृत्यकालिक कथन दर्ज किया गया, जिसमें मृतिका ने पूर्व ससुराल के पति सोनू व सास लगातार ताने मारने से स्वयं द्वारा जिंदगी से तंग आकर आत्महत्या करना बताया वीडियो सी.डी. में प्रकरण पेश की गई।''

It is further submitted by learned counsel for the applicant that this fact was not brought before the Court earlier and earlier applications were decided. The present applicant was not involved in committing the offence, rather former inlaws family were involved in instigating the deceased to commit suicide. Hence, under these changed circumstances, prayed for grant of bail to the applicant.

Learned Panel Lawyer for the State opposed the bail application and prayed for its rejection on the ground that as per case diary, prosecution witnesses have taken the name of the present applicant with regard to his involvement in the offence. Hence, no case for grant of bail is made out.

Considering the facts and circumstances of the case and the fact that the present applicant is father-in-law of the deceased and looking to the aforesaid changed circumstances, but without expressing any opinion on the 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/-(Rs.Fifty Thousand Only) with one surety in the like amount to the satisfication of the Trial Court/Committal Court to appear before the Court 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 an 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 from disclosing such facts to the Court or to the Police Officer, as the case may be.

The applicant will not commit an offence similar to the offence of which he is accused;

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.

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Public Prosecutor with a direction to keep the same in the concerned case diary.