Omveer Singh vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this first bail application under Section 438 of Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Mahua District Morena (M.P.) in connection with Crime No. 80/2019 registered in relation to the offence punishable under sections 498A, 304-B and 34 of the IPC.

Allegations against the applicant in short are that he alongwith other co-accused persons was involved in subjecting the deceased to cruelty and harassment due to non satisfaction of demand dowry and ultimately on 02/05/2019, dead body of the deceased was found hanging in the matrimonial home under suspicious circumstances within one years of her marriage. On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that applicant is father-in-law of the deceased and aged 65 years, who has no criminal past alleged against him. The applicant has been falsely implicated in the present case. He was seriously ill and admitted in ICU. Applicant is permanent resident of the Dist. Morena and there are no chances of his absconding or tampering with the prosecution evidence. He shall abide by the terms and conditions as may be imposed by this Court. Under these circumstances, applicant prays for anticipatory bail.

Learned Panel Lawyer 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.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is hereby directed that in the event of arrest of applicant, he shall be released on bail on his furnishing a personal bond of Rs. 50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.

This order will remain operative subject to compliance of the following conditions by applicant:

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

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

He will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial; and

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

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

Certified copy as per rules.