Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 1094 (MP)

Bablu @ Dharmendra v. State of M. P.

2014-09-02

N.K.GUPTA

body2014
ORDER 1. Heard the learned counsel for the parties. 2. The applicant is apprehending his arrest in connection with Crime No.141/2014 registered at Police Station Baheriya District Sagar for the offences punishable under sections 304B, 498A, 34 of IPC and sections 3/4 of Dowry Prohibition Act. 3. Learned counsel for the applicant submits that the applicant is a youth of 28 years of age, who has no criminal past alleged against him. The deceased was the wife of the applicant, who sustained burn injuries due to an accident. She has admitted in her dying declaration that she sustained such injuries due to an accident. She remained in the hospital for two months, but in that period no allegation was made either by the deceased or her parents about any harassment done by the applicants for dowry demand etc. After the death of the deceased, the parents and relatives have kept silence for a longer period and have made omnibus allegations relating to harassment to the deceased on the basis of dowry demand. It would be apparent that the applicant is falsely implicated in the matter. The police is unnecessarily harassing the applicant. Under these circumstances, applicant prays for anticipatory bail. 4. Learned counsel for the State opposes the application. 5. Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the applicant has a good case for grant of bail of anticipatory nature. Consequently, this application under section 438 of CrPC is hereby allowed. 6. It is directed that in the event of arrest, present applicant namely Bablu @ Dharmendra shall be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees thirty five thousand) with one surety in the like amount to the satisfaction of the Arresting Authority. 7. 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 CrPC. 8. This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court. ...................