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Madhya Pradesh High Court · body

2020 DIGILAW 723 (MP)

Lakhan v. State of M. P.

2020-07-10

VIRENDER SINGH

body2020
ORDER 1. 1. This is the first bail application under section 439 of Cr.P.C. filed by petitioner Lakhan s/o Ghanshyam Yadav in Crime No.33/2020 registered at Police Station—Neemuch City, District—Neemuch under section 304 B, 34 of IPC. 2. Wife of the petitioner committed suicide within less than two years of the marriage. Parents Laxman and Shyamadevi, brothers Nitesh and Durgesh and cousins Nidhi and Pooja have made an allegation of demand of dowry and cruelty against the petitioner, his parents and other family members. 3. The learned counsel for the petitioner pointed out two mobile conversations recovered by the police during the investigation. These lengthy conversations, transcripts of which are available in the case diary, show that the reasons for suicide were different than the alleged and were personal in nature. She was perturbed by unhealthy habits of her husband. There is no specific allegation of demand of dowry or cruelty for non compliance of the demand against the petitioner. There is no other evidence, except the police statements of the witnesses, to support to the allegations. No allegations have been made during the life time of the deceased. Only omnibus allegations have been made by her family members. Bail applications of coaccused Ghanshyam, Meena, Narendra and Manju Yadav have been allowed by this Court and the petitioner has complete parity with them, therefore, he be granted bail. 4. Learned Counsel for the objector submitted that certain allegations have been made by the parents, brothers and sisters of the deceased of demand of Rs.5 lakhs and that for non fulfillment of demand, the deceased was subjected to cruelty by the petitioner and his family. The death occurred within less than two years of marriage. The presumption goes against the petitioner. The deceased was compelled to commit suicide due to harassment extended by the petitioner and his family members, therefore, bail be not granted. 5. After going through the lengthy transcripts so also the ground of parity, the case for granting bail is made out, therefore, without commenting on merits of the case, the application is allowed. 6. It is directed that the petitioner Lakhan s/o Ghanshyam Yadav be released from custody on his furnishing a personal bond in the sum of Rs. 5. After going through the lengthy transcripts so also the ground of parity, the case for granting bail is made out, therefore, without commenting on merits of the case, the application is allowed. 6. It is directed that the petitioner Lakhan s/o Ghanshyam Yadav be released from custody on his furnishing a personal bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand Only) with one solvent surety to the satisfaction of the trial Court for his appearance before the trial Court as and when required further subject to the following conditions:- (i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.; (ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court; (iii) The petitioner shall not commit any offence or involve in any criminal activity; (iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.