Mohanlal And Another vs State Of Madhya Pradesh

This is first application under Section 439 of Cr.P.C. for grant of bail. Applicants - Mohanlal S/o Kunwarji and Shubham S/o Mohanlal are implicated in Crime No.201/2019 registered at Police Station - Kaalapipal, District Shajapur for the offence punishable under Sections 498-A and 304-B/34 of IPC and they are in custody since 17.06.2019.

As per the prosecution story, deceased Manisha was married two years prior to her death to Ravi. The deceased committed suicide by hanging herself on 13.04.2019. The allegation against the applicants was that they used to harass the deceased along with her husband Ravi on account of demand of dowry.

Learned counsel for the applicants submits that two co-accused persons i.e. mother-in-law and sister-in-law of the deceased have already been granted bail on 06.08.2019 and the present applicants are respectively father-in-law and brother-in-law of the deceased.

A reference has been made to the observations made by this Court on 06.08.2019 wherein it has been mentioned that it was primarily husband of the deceased who used to misbehave with the deceased and also used to taunt her about the fact that father of the deceased had got one of his daughter employed and the deceased could not get the employment and in the alternative, husband of the deceased used to demand Rs.5.00 lacs and motorcycle as dowry. Commenting thus, it was observed that the basic allegation was apparently against the husband of the deceased and there is only generalised statement of harassment against other members of the family.

Learned Public Prosecutor for the State was also heard.

On due consideration of the aforesaid and after perusal of case diary, without commenting upon the merits of the case, I allow this bail application and it is directed that the applicants - Mohanlal & Shubham shall be released on bail subject to their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the concerned Trial Court/Committal Court for their regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicants shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

A copy of this order be sent to the Court concerned for compliance.

M.Cr.C. No.35353/2019 is allowed and stands disposed of.

Certified copy as per rules.