Mohan Singh vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant, as he is apprehending his arrest in connection with Crime No.89/2023 registered at Police Station= – Amola, District Shivpuri (M.P.) for offence punishable under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of the Dowry Prohibition Act.

Prosecution case, in brief, is that applicant's son co-accused Suraj Singh was married to the deceased-Neelam on 26/4/2021. After marriage, applicant, her son co-accused Suraj and other co-accused persons started demanding an amount of Rs.80,000/- and a motorcycle as dowry from the deceased and her parents. All of them harassed the deceased physically and mentally on account of non-fulfillment of demand of aforesaid dowry, due to which on 27/4/2023 deceased died in suspicious circumstances within seven years of her marriage.

Learned counsel for the applicant referring copy of Samagra Portal, voter card of the applicant and his son co-accused Suraj Singh's mark-sheet and other documents submits that applicant was residing at village Nandpur, while applicant's son co-accused Suraj Singh was residing with his wife at her sister's house at Pachera Gormi. Deceased-Neelam was undergoing treatment for about a year and she was also having relations with a boy and used to talk with him on mobile phone, due to which deceased's sister-in-law (Bhabhi) refused to invite her in a marriage ceremony scheduled on 11/5/2023, due to which, deceased felt embarrassed and committed suicide by consuming poisonous substance. She died due to shock and cardio-respiratory failure. Copy of invitation card of the aforesaid marriage ceremony and call details of mobile No.7987312154 said to be used by the deceased have been placed in connected M.Cr.C. No.30162/2023 in support of his above submissions, wherein just before the incident a call was made from the aforesaid mobile phone to the mobile phone no.6261501085 said to be the mobile number of deceased's sister-in-law. The statements of deceased's sister-in-law have not been recorded. Deceased's parents did not make any allegation against the applicant or co-accused persons till 4/5/2023. The applicant has falsely been implicated in the matter. Omnibus allegations with regard to demand of dowry and dowry demand cruelty have been made against the applicant and no specific overt act have been assigned to him. His custodial interrogation or custodial trial is not required. Co-accused Smt. Kamlesh has been enlarged on anticipatory bail vide order dated 28/6/2023 passed in M.Cr.C. No.25333/2023, therefore, the applicant may be enlarged on anticipatory bail.

Learned counsel for the respondent/State has opposed the prayer and submits that prior to the incident deceased told her parents and other relatives about the acts of the applicant and co-accused persons. All of them have supported the prosecution case. Offence alleged against the applicant are serious in nature, therefore, he is not entitled for bail.

Heard learned counsel for both the parties and perused the record.

Having considered the rival submissions, nature of allegations alleged against the applicant and other material produced on record as well as also considering the over all facts and circumstances of the case, without commenting on the merits of the case, the application is allowed.

7.1 It is directed that in the event of arrest of the applicant, he shall be released on bail upon furnishing 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 Officer for his appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.