Kailash Dhakad vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

T h e applicant apprehends his arrest in connection with Crime No.129/2022 registered at Police Station Kolaras, District Shivpuri for offence under Sections 304-B, 498-A of IPC and under Section 3/4 of Dowry Prohibition Act.

It is submitted by the counsel for the applicant that the deceased died just two days prior to completion of seven years of her marriage. The applicant is father-in-law. There are no specific allegation of any demand of dowry except that the deceased was being maltreated for want of money. Even the amount has not been specified by the mother of the deceased. The deceased has left two minor children aged about three years and one and half years respectively. The applicant is an old person aged about 53 years. The applicant has no criminal history. The applicant is ready and willing to cooperate with the Investigating Officer. This Court by order dated 13.5.2022 passed in M.Cr.C.No.24105/2022 has already granted anticipatory bail to Smt. Phoolwati Dhakad and the case of the applicant is identical to that of co-accused Smt. Phoolwati Dhakad. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the respondent/State. However, after reading out the statement of mother of the deceased, it is fairly conceded that except alleging that there was a demand of money, no specific demand has been mentioned in the statement.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appears before the Investigating Officer (Arresting Officer) on or before 30.5.2022, he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by the Investigating Officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

It is made clear that in case if the applicant fails to appear before the Investigating Officer (Arresting Authority) on or before 30.5.2022, then this order shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal

Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

CC as per rules.