Madan Singh And Others vs State Of Madhya Pradesh

Anjuli Palo, J

This is first application under Section 438 of the Cr.P.C. for grant of anticipatory bail filed by the applicants who are apprehending their arrest in

connection with Crime No. 170/2021 registered at Police Station Hata, District Damoh (M.P.) for offences punishable under Sections 498-A and 304-

B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

As per the prosecution case, on 16.03.2021, deceased-Jyoti @ Devi Bai along with her son aged about 3 months died in suspicious circumstances on

account of burn injuries within seven years of marriage at her matrimonial house. Accordingly, Merg No. 17/2021 and 18/2021 were registered on the

report of the applicants. It is alleged that the deceased was harassed for demand of dowry, hence the aforesaid offences have been registered against

the applicants and co-accused persons.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. Applicant no.1 is the father-in-law and

applicant No.2 is the brother-in-law of the deceased. The co-accused namely Guddibai and Laxmi @ Gyanbai have been released on bail vide order

dated 30.06.2021 passed in M.Cr.C.No. 22085/2021 on basis of 'no objection' filed by the complainant. Due to Covid-19 pandemic, trial could take

considerable time. Hence, it is prayed that on the ground of parity, applicants be enlarged on bail.

Learned Government Advocate for the State has opposed the application.

Learned counsel appearing on behalf of the complainant has filed document No. 10557/2021 (vakalatnama) and stated that he has no objection in case

the applicants are enlarged on bail.

Heard learned counsel for the parties.

Some fee receipts have been filed along with bail application to show that the deceased was pursuing B.Sc. Nursing and expenses for the same were

borne by her husband, hence, prima facie case for dowry demand of Rs. 2 lakhs is not made out.

Considering the facts and circumstance of the case and on the ground of parity, without commenting on merits of the case, this application is allowed.

It is directed that in the event of arrest of the applicants namely-Madan Singh and Dal Singh by the Police/Arrest Office in the aforesaid crime, they

shall be enlarged on bail on furnishing personal bond in the sum of Rs. 40,000/- (Rupees Forty Thousand Only) each with a solvent surety each in the

like amount to the satisfaction of the Arresting Officer (Investigating Officer) for their regular appearance before the Police during the investigation or

before the Court during trial. It is directed that the applicants shall abide by the conditions enumerated under Section 438(2) of Cr.P.C., failing which

this bail order shall automatically stand cancelled without further reference to the Court.

Accordingly, the M.Cr.C. stands allowed and disposed of.