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2020 DIGILAW 1139 (MP)

Gokuldas Badkur v. State Of Madhya Pradesh

2020-10-19

RAJEEV KUMAR DUBEY

body2020
JUDGMENT Rajeev Kumar Dubey, J. - Heard with the aid of case diary. 2. This is first bail application filed by the applicant under Section 439 of Cr.P.C. Applicant Gokuldas Badkur was arrested on 21.09.2020 in Crime No.338/2020 registered at Police Station Kotwali, District Hoshangabad (M.P.) for the offence punishable under Sections 498-A, 304-B, 306 r/w Section 34 of the IPC and Section 3/4 of the Dowry Prohibition Act. 3. As per prosecution case, on 23/5/2020 deceased Barkha wife of co-accused Lokesh Badkur committed suicide by hanging herself. It is alleged that the applicant Gokuldas Badkur who is the father-in-law, co-accused Lokesh husband and Priyanka @ Pinky Badkur sister-in-law (devrani) of the deceased demanded dowry, used to harass her and also assaulted her due to which she committed suicide. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. The applicant is the father-in-law of the deceased Barkha. The allegations regarding demand of dowry and harassment are general in nature. The co-accused Priyanka @ Pinky Badkur has already been granted bail by this Court vide order dated 30.07.2020 passed in M.Cr.C.No.22760/2020. The applicant has been in custody since 21.09.2020. Charge-sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail. 5. Learned counsel for the respondent/State opposed the prayer and submitted that deceased left suicide note in which also she mentioned that the applicant used to harass her. So, applicant should not be released on bail. 6. Looking to the facts and circumstances of the case and the fact that the applicant is the father-in-law of the deceased Barkha. The allegations regarding demand of dowry and harassment are general in nature, the applicant is in custody since 21.09.2020, charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one 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. 7. Fifty Thousand Only) with one 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. 7. 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 trial; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer; 4. The applicant shall not commit an offence similar to the offence of which he is accused; 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. 8. Certified copy as per rules.