Laxminarayan vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard learned counsel for the parties and perused the record.

This is first bail application filed on behalf of the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. The applicant is apprehending his arrest in relation to Crime No.524/2023, registered at Police Station - Sardarpur, District-Dhar, for the offence punishable under Sections 498-A, 304-B, 34 of IPC, 1860 and Section 3/4 of Dowry Prohibition Act.

2 . The applicant is apprehending his arrest in the aforesaid crime, has knocked the portal of this Court for grant of anticipatory bail.

3 . Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in this offence. This is a case of dowry death. Applicant is father-in-law of the deceased and he is an old person aged about 57 years. Applicant is not main accused. There is only omnibus and general allegation against the applicant and other family members of the deceased regarding demand of dowry and harassing the deceased for non-fulfillment of their demand due to which she committed suicide. The applicant is a government servant and if he is kept in jail there is an apprehension of him losing his job. Final conclusion of the trial will take considerable long time. Applicant is ready to cooperate with the investigation. Hence, he prays that the application of the applicant be allowed and he be granted the benefit of anticipatory bail.

Learned counsel for the State has vehemently opposed the application and prayed for its rejection.

Having taken into consideration all the facts and circumstances of the case, the fact that the applicant is not the main accused, without expressing any opinion on the merits of the case, I am of the view that it is a case in which applicant may be released on anticipatory bail. Consequently, this first application for anticipatory bail filed on behalf of applicant is hereby allowed.

It is directed that in the event of arrest applicant be released on bail on his/her furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Authority. At the stage of filing of charge sheet by police, applicants shall furnish fresh bail bond of same amount before committal Court/trial Court to its satisfaction. The applicant shall comply with the following conditions:-

(i) that he/she shall make himself/herself available for interrogation by a police officer as and when required.

(ii) that he/she shall not, directly or indirectly, make any 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 any police officer.

(iii) the applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

In case if the applicant is not arrested by investigating officer, applicant himself/herself shall surrender before Investigating Officer within 15 days from today and will join investigation. However, it is being made clear that in case of bail jump and in violation of any of conditions, this order shall become ineffective.

Certified copy, as per rules.