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Judgment
10 paragraphs · 320 wordsSubodh Abhyankar, J
They are heard. Perused the case-diary.
This is the applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.141/2023 registered at Police Station Dehat Biaora, District Rajgarh Biaora (MP) for offence punishable under Sections 304-B, 498-A 306, 34 IPC and 3/4 of Dowry Prohibition Act.
The allegation against the applicants are that they happen to be father-in-law and mother-in-law of the deceased Madhu Bai who committed suicide on 21.04.2023 by hanging, thereafter, the family members of the deceased has alleged cruelty and demand of dowry against the applicant and the husband of the deceased.
Learned counsel for the applicant submits that the deceased was being harassed by one Ajay with whom she was having affair earlier. The document regarding which have also been collected by the prosecution during the course of investigation. It is submitted that the applicants' custodial interrogation is not required.
Counsel for the State has opposed the prayer. However, it is not denied that the prosecution has collected telephonic conversation between the deceased and Ajay which shows that Ajay was trying to meet her every now and then.
Having considered rival submissions, perusal of the case-diary, this Court is inclined to allow the application on the ground of parity.
Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).
The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.
Certified copy as per rules.