Kaptan Singh vs State Of Madhya Pradesh

Sunita Yadav, J

This is the second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 135 of 2022 registered at Police Station Sarai Chhola, District Morena (M.P.) for the offence under Sections 304 (B), 498 (A)/34 of IPC and Section 3/4 of Dowry Prohibition Act.

Allegations against the applicant/accused is that he along with co-accused persons caused cruelty upon the deceased Pooja for demand of dowry. Due to non-fulfillment of their demand, she committed suicide within seven years of her marriage.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. Material prosecution witnesses Veer Singh (PW-1), who is father of the deceased, and Sarfi (PW-2), who is mother of the deceased, have already been examined, however, they have not supported the prosecution case and turned hostile. Further argument is that the applicant is under custody since 06.10.2022. Trial is likely to take long time to conclude. The applicant is permanent resident of District Morena (M.P.), therefore, there is no likelihood of his absconsion or tampering with the prosecution evidence, if released on bail. It is further argued that co-accused Smt. Kailashi has already been granted bail by this Court by order dated 16.6.2023 passed in MCRC No. 24885 of 2023 and case of the present applicant is on similar footings with co-accused Kailashi. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the overall facts and circumstances of the case, but without expressing any opinion on 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/- (Rupees Fifty Thousand only) with one local solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 The applicant will not indulge himself/herself 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;

4) 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.

5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.