Sanjiv vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 4.7.2023 in connection with Crime No.57/2023 registered at Police Station Alampur, District Bhind (M.P.) for commission of offence punishable under Sections 304B, 498-A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.

Prosecution story, in brief is that applicant's younger brother Pramod was married to the deceased Ragini on 2.5.2022. After marriage the applicant and other co-accused persons started demanding dowry from the deceased and harassing her physically and mentally due to which on 6.6.2023 she died in suspicious circumstances within seven years of her marriage.

Learned counsel for the applicant submits that as per prosecution case itself deceased was died due to severe anemia and cardie-respiratory failure. She was undergoing treatment since 20.5.2023, therefore, allegations alleged against the applicant and co-accused of committing her murder by giving some poisonous substance is false. Deceased's brother in his complaint dated 6.6.2023 no where stated that the applicant and co-accused persons demanded dowry from the deceased or her parents. Omnibus allegations with regard to harassment were made. Deceased's friend Jyoti in her statement recorded during investigation narrated entirely different story wherein it is mentioned that the applicant was having illicit relationship with the applicant's wife and due to which deceased died. Whole prosecution story is doubtful. The applicant is in custody since 4.7.2023. His custodial interrogation is no more required. Trial will take time to conclude and, therefore, in the aforesaid circumstances, applicant may be enlarged on bail.

Learned counsel for the respondent/State as well as learned counsel for the complainant have vehemently opposed the prayer and submit that deceased's brother and other witnesses in their statement recorded during merg enquiry as well as during investigation are made specific allegations with regard to demand of dowry and dowry demand cruelty. Offences alleged against the applicant are of serious in nature, therefore, he is not entitled to be enlarged on bail.

Heard the learned counsel for both the parties.

Having considered the rival submissions, material produced on record, postmortem report of the deceased so also other facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail. Accordingly, the application is allowed.

It is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of.

Certified copy as per rules.