Mukesh Valmik vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

The applicant has filed this First bail application under Section 482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No.220/2025 registered at Police Station Gormi, District Bhind (M.P.) in relation to the offence punishable under Sections 108, 3 (5) of BNS.

As per the prosecution story, on 26.06.2025, the informant Abhilakh had lodged a report alleging that on 26.06.2025 at around 03:00 PM, he received a phone call informing him that his sister Ramwati had hanged herself with a scarf from the ceiling hook in her room. Upon receiving this information, he and his family members rushed there and found Ramwati dead. He brought her body to the Dead House, Gorami Hospital, and came to lodge the report. On the basis of his report, Marg No.29/2025 was registered at Police Station Gorami and taken up for inquest (marg) inquiry. During the inquest proceedings, a post-mortem of the deceased was conducted. Statements of her brother Abhilakh, Ramdas, mother Meera, and others were recorded separately. During the complete inquest, it was found that the deceased was physically and mentally harassed by her father-in-law Mukesh (present applicant), brother-in-law Sanjay, and sister-in-law since her marriage. Due to this continued harassment, the deceased committed suicide by hanging herself on 26.06.2025 at her home. Based on the investigation, an FIR bearing Crime No. 220/2025 was registered under the aforesaid sections and taken up for investigation.

Learned counsel for the applicant has argued before this Court that the applicant is innocent and has been falsely implicated in the present case due to strained family relations. It is further argued that the allegations made against the applicant are vague, omnibus, and general in nature, without attribution of any specific overt act that could be directly linked to abetment of suicide. The allegations seem to have surfaced only during the later stages of inquest proceedings, without any concrete supporting material or independent corroboration. It is further argued that although the deceased had earlier filed a complaint under Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 3/4 of the Dowry Prohibition Act before the Judicial Magistrate First Class, Gohad, the said complaint was withdrawn by the deceased herself on 10.05.2025, citing lack of prima facie evidence, which clearly demonstrates that even the deceased did not find substantial reason to pursue the allegations at that time. Counsel for the applicant has submitted that the co-accused person namely Neha Valmik have already been granted bail in M.Cr.C. No.35862 of 2025 vide order dated 11.8.2025 and the case of the present applicant is akin to that of co-accused, thus, he is entitled to be released on anticipatory bail on the ground of parity also. The applicant is ready and willing to cooperate with the investigation and undertakes to abide by any conditions imposed by this Court. On these grounds, the present applicant may be allowed the benefit of anticipatory bail.

Per contra, learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

Considering the above submissions and facts situation of the case and particularly the ground of parity with co-accused, without expressing any opinion on the merits of the case, this Court intends to allow the application, therefore, it is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Arresting Authority/Investigating Officer. This order will remain operative subject to compliance of the following conditions by the applicant:-

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

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

The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be.

The applicant shall not commit any offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The applicant would not involve in any criminal activity in future otherwise, benefit of bail shall immediately be withdrawn.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.