Shivam Lodhi vs State Of Madhya Pradesh

Sunita Yadav, J

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

The applicant was arrested on 22.09.2023 in connection with Crime No.522/2023 registered by Police Station Picchhor, District Shivpuri (M.P.) for the offences punishable under Sections 304-B, 498-A, 34 IPC and under Section 3/4 of the Dowry Prohibition Act.

Allegation against the present applicant is that he caused dowry demand related cruelty upon deceased Nandini who died within seven years of her marriage, by hanging herself.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further submitted that the deceased did not want to perform marriage with the present applicant-Shivam whereas she wanted to marry with one Brijendra which is evident from the photographs which have been verified by police authorities vide report dated 28.10.2023 filed in compliance of the order dated 13.10.2023 passed in M.Cr.C.No.46245 of 2023 in which co-accused Chandra Kunwar has been extended the benefit of anticipatory bail vide order dated 30.10.2023. Since her parents solemnized her marriage with applicant/accused-Shivam, therefore, she was not happy and committed suicide within short span of time i.e. within four months from her marriage. It is further submitted that the allegation of continuous harassment for demand of dowry is improbable as the deceased hardly visited once in her matrimonial house. The applicant who has no criminal antecedents is in custody since 22.09.2023. The applicant is the permanent resident of District Shivpuri (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court.

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

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant 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;

4 ) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.