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Madhya Pradesh High Court · body

2020 DIGILAW 1198 (MP)

Ramnaresh Prajapati v. State Of M. P.

2020-11-05

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - Heard. 2. This is the first bail application filed by the applicants under Section 438 of the Cr.P.C. for grant of anticipatory bail. 3. The applicants apprehend their arrest in connection with Crime No.310/2020 registered at Police Station Chitrangi, district Singrauli for the offence punishable under Section 304- B/34 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act. 4. As per prosecution, the deceased has committed suicide by hanging. The complaint was lodged by husband of the deceased, wherein it has stated that there was a dispute between his wife (deceased) and his brother happened during the day time. However, when he came back home at 5 O'Clock in the evening, he found that his wife hanging from the ceiling. 5. Learned counsel for the applicants submits that the present applicants are father-in-law and mother-in-law respectively of deceased Satrajua. It is stated that they have been falsely implicated. They have been living separately from the deceased and her husband. It is stated that no allegations are made against the present applicants regarding any harassment or demand of dowry made from the deceased. He further submits that offence under Section 304-B of the I.P.C. is not made out as the marriage happened seven years prior to the date of the incident and prays for grant of bail. 6. Learned counsel for the State by reading out the case diary statements has opposed the bail application. 7. However, considering the case diary statements and the fact that no particular allegations are made against the present applicants, this application is allowed. 8. It is directed that in the event of arrest, applicants Ramnaresh Prajapti and Smt. Sirpatiya shall be released on bail on their furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) each with one surety in the like amount to the satisfaction of arresting officer. 9. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicants will comply with all the terms and conditions of the bond executed by him; 2. The applicants will cooperate in the investigation/trial, as the case may be; 3. 9. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicants will comply with all the terms and conditions of the bond executed by him; 2. The applicants will cooperate in the investigation/trial, as the case may be; 3. The applicants will not indulge themselces in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicants will not seek unnecessary adjournments during trial; 5. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 6. If the applicants commit any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court. 10. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Sheetal Tiwari, learned Panel Lawyer, on their respective email addresses, for intimation to the police station concerned. 11. Certified copy/e-copy as per rules/directions.