Kankoda @ Mazboor vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 27.05.2023 in connection with Crime No.449/2023 registered at Police Station Dabra City, Dabra, District Gwalior for the offence punishable under Sections 304-B, 498-A and 34 of IPC.

Prosecution story, in brief, is that, applicant's son co-accused Birbal was married to the deceased Shivani in the year 2021. After marriage, the applicant and his son co-accused-Birbal started demanding an Apache motor cycle from the deceased as dowry and harassing her physically and mentally, due to which on 14.05.2023 at about 05 pm, she committed suicide by hanging.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the matter. He further submits that as per prosecution case itself, marg intimation report was lodged by the father of deceased Raju at about 20:52 hours i.e. about 4-5 hours of the incident. In the said report, it has specifically been mentioned that at the time of incident, deceased was alone in her hut and about 17 hour, he saw his daughter deceased hanging near her hut at an abondoned place of Sugar mill. He no-where mentioned about the allegations alleged against the applicant. After about 11 days of the incident, first time he and other prosecution witnesses made allegations against the applicant and co-accused that they were demanding an Apache motor cycle and harassing the deceased physically and mentally. The prosecution story itself appears to be doubtful. Applicant is in custody since 27.05.2023 and the trial will take time to conclude, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits that admittedly deceased was residing with applicant and co-accused at the time of incident. She committed suicide within seven year of her marriage. The specific allegation with regard to demand of Apache motor cycle has been made against him. The offence alleged against applicant is serious in nature, therefore, he is not entitled for bail.

Heard the learned counsel for both the parties.

Having considered rival submissions, marg initiation report dated 14.05.2023 lodged by the father of deceased so also other material pointed by leaned counsel for applicant and considering the fact that trial will take time to conclude, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

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

Certified copy, as per Rules.