Natthu Lal vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 24.03.2022 by Police Station, Bahadurpur, District Ashoknagar (MP), in connection with Crime No.68/2022 for the offence punishable under Sections 306, 498(A) of IPC and Section 3/4 of Dowry Prohibition Act.

As per prosecution story, on 2.3.2022 at 3.15 PM Sanju Lodhi lodged a Dehati Nalishi with ASI Devlal Koli of Police Station Bahadurpur, District Ashoknagar that his house is at village Keshlon. He went to his shop situated at village Adhaikhed and in his house his wife Rajkumari and two sons were present. His mother and father went to the field. One Balkishan gave information that his wife Rajkumari has closed the room. On the information he reached the house and saw that the door of the room was closed inside. By climbing the house he saw that his wife has committed suicide by hanging on the roof. He told Choukidar Parmal to inform police. Dehati Merh No. 2/2022 under Section 174 Cr.P.C. was recorded, thereafter Merg 26 was registered. Dead body panchanama was prepared and the dead body was sent for postmortem. As per postmortem report she died due to cardio respiratory failure. Merg was enquired. Statement of paternal side was recorded. They have stated that the present applicant-accused, who is father-in-law of the deceased used to harass the deceased for Rs.50,000/-, due to which she has committed suicide. On his report, a crime under the aforesaid offence was registered and the applicant-accused was arrested on 24.3.2022.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. Omnibus allegations are levelled against the applicant and other family members. Conclusion of trial will take time. The applicant is ready to abide by all the conditions as may be imposed by the Court. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State as well as counsel for the complainant vehemently opposed the application and has prayed for its rejection. It is submitted by counsel for the complainant that one day previous to the incident, the deceased came to the house of her in laws house on the assurance that applicant-accused and his family members will not do cruel treatment with her.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

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