Vijay vs State Of Madhya Pradesh

Subodh Abhyankar, J

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

This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.694/2023 registered at Police Station Sanver, District Indore (MP) for offence punishable under Section 304-b, 498-A, 34 of Indian Penal Code, 1860 and 3/4 of Dowry Prohibition Act. The applicant is in custody since 01/12/2023.

Allegation against the applicant is that he happens to be the brother-in-law of the deceased Ruchi who committed suicide on 06/11/2023.

Counsel for the applicant has submitted that the omnibus allegations have been leveled against the applicant being the brother of the husband of the deceased. It is also submitted that on the date of incident, the applicant was on his duty in office at Kotak Mahindra Bank, a certificate to this effect has also been issued by the Executive Vice President of Kotak Mahindra Bank that the applicant was present in the office on 06/11/2023 till 2:19 pm and the deceased committed suicide at around 1:30 pm and thus, the applicant who is in jail since 01/12/2023 and posted as Assistant Manager at Kotak Mahindra Bank 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 as earlier also a dispute at arisen between the parties in which, the deceased had given her statement in the police station, in which she has also leveled allegations against the applicant as well.

In rebuttal, counsel for the applicant has submitted that in the same proceedings, the deceased had also assured the family members of the applicant that she would not threaten them of committing suicide.

Having considered the rival submissions and on perusal of the case diary as also the documents available on record, and considering the fact that the applicant is the younger brother of the husband of the deceased and is already in job being the Assistant Manager in Kotak Mahindra Bank Ltd., this Court finds force with the contentions raised by learned counsel for the applicant and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's 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.