Pushpendra vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary/challan papers.

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.18/2023 registered at Police Station Rajendra Nagar District Indore (MP) for offence punishable under Section 304 B , 498, A IPC R/W section 3/4 Dowry prohibition act The applicant is in custody since 19.02.2023.

Allegations against the applicant is of causing dowry death as his wife Brajesh Singh committed suicide by hanging on 27.12.2022. It is alleged that the applicant and his brother used to demand a sum of Rs.Ten Lakhs as dowry from the deceased and her family members,.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case at the instance of the family members of the deceased despite the fact that the deceased Brajesh Singh real sister Rajnish singh is married to Nipendra Singh, who happens to be real brother of the present applicant. Thus, both sisters were married to both the brothers of the same family. In her statement recorded under Section 161 of the Cr.P.C Rajnish Singh, the real sister of the deceased has clearly stated that the deceased was short tempered and their elder sister Som Prabh Rana used to instigate the deceased on every issues in the family and according to her the deceased has committed suicide at the spur of the moment and taking the benefit of the same her sister Som Prabha Rana has availed the opportunity to falsely implicate the present applicant and his family members.

Counsel for the applicant has also submitted that it is an admitted fact that the applicant and deceased Brajesh were residing in a flat purchased by the mother of the applicant and otherwise well of there is no question of demanding any dowry by the applicant from the deceased and her family members. It is further submitted that prior to their marriage in the year 2019 Nipendra singh brother of the applicant had given rupees Four Lakhs on 04.01.2019 and 05.01.2019 for preparation of marriage as financial assistance to deceased family members.

It is further submitted that the charge sheet has already been filed, applicant is in jail since 19.02.2023 and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.

Counsel for the respondent/State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out.

Having considered the rival submissions, perusal of the case diary and that the charge sheet has been filed and also taking note of the statement of the sister of the deceased and final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's further custody under the facts and circumstances is not required and the application deserves to be allowed.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certified copy as per rules.