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Madhya Pradesh High Court · body

2014 DIGILAW 573 (MP)

Indrabhan Singh Chouhan v. State of M. P.

2014-05-09

G.S.SOLANKI

body2014
ORDER 1. This is the first bail application filed by the applicants under section 438 of CrPC for grant of anticipatory bail. 2. The applicants apprehend their arrest in connection with Crime No. 295/2014 registered at P.S. Hoshangabad, District Hoshangabad for the offences punishable under sections 304-B, 498-A of the IPC and section 3/4 of the Dowry Prohibition Act. 3. As per prosecution, the applicants are father-in-law and mother-in-law of deceased Jyoti Bai, who is alleged to have died unnatural death within 7 years of her marriage. It is alleged against the applicants and co-accused (husband of deceased Jyoti Bai) that they subjected the deceased to cruelty in connection with demand of dowry soon before her death. 4. Learned counsel for the applicants has submitted that the applicants have been falsely implicated in this case. They are father-in-law and mother-in-law of deceased. They are more than 60 years of age. There are general allegations against the applicants in regard to committing cruelty and demand of dowry. Nothing is required to be seized from the possession of the applicants. The applicants are ready to co-operate in the investigation and trial. The applicants do not have any criminal past. They are reputed citizen of the locality, in the event of arrest, their reputation will be tarnished, therefore, they be released on anticipatory bail. 5. Learned counsel for State has opposed the application. 6. On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to enlarge the applicants on anticipatory bail, therefore, without expressing any view on the merits of the case, this application is allowed. 7. It is directed that in the event of arrest, the applicants shall be released on bail on their furnishing a personal bond in a sum of Rs.35,000/- (Rupees Thirty Five Thousand only) each with one surety in the like amount to the satisfaction of the arresting officer. 8. The applicants are directed to join the investigation and fully co-operate with the investigating agency. They shall further abide by the other conditions enumerated in section 438(2) of CrPC. 9. 8. The applicants are directed to join the investigation and fully co-operate with the investigating agency. They shall further abide by the other conditions enumerated in section 438(2) of CrPC. 9. In view of the ratio laid down by Hon'ble apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and others JT 2010 (13) SC 247, it is directed that this order shall remain in force till the end of trial.