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2022 DIGILAW 1499 (MP)

Shivraj v. State of Madhya Pradesh

2022-12-13

DEEPAK KUMAR AGARWAL

body2022
JUDGMENT Deepak Kumar Agarwal, J. - Heard on IA No. 19495/2022 filed under Section 301(2) of Cr.P.C. for assisting the Public Prosecutor in the present case. For the reasons mentioned in the application, the same is allowed. 2. Shri Bhupendra Singh Dhakad and Shri Vinod Kumar Dhakad and their associates are permitted to assist the State counsel. 3. This is the First bail application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail. 4. The applicant apprehends his arrest in connection with Crime No.631/2022 registered at Police Station- Sabalgarh District- Morena (M.P.) for the offence punishable under Sections 304B, 498A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act. 5. Prosecution case is that the applicant on 5.11.2022 at about 7:35 pm, Padam Singh resident of village Simroda gave an information to Police Station Sabalgarh, Dist. Morena at 6 PM, he was at petrol pump, his elder brother Haurilal came from Karahal that sister deceased Varsha committed suicide in her in-laws house. On his information merg 53/2022 was recorded. Dead body panchnama was prepared. Dead body was sent for post-mortem. As per post-mortem report, she committed suicide by hanging. Statements were recorded. Witnesses of parental side of deceased alleged that marriage between deceased and Surendra Rawat was solemnized on 16.04.2016 and as per their capacity marriage was solemnized. Up to six months, they looked after the deceased well, thereafter, they started demanding a four-wheeler and gold chain and started torturing the deceased. On 5.11.2022, in the morning, she telephoned her Bhabi (Anita) that her in-laws are committing maarpeet with her on the pretext of four-wheeler and gold chain. Thereafter, she tried to contact with the deceased but the phone call was not received. Afterwards, they got information about her suicide. After merg inquiry, FIR bearing crime no. 631/2022 for the offence punishable under Sections 304B, 498A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act was registered against accused persons. 6. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. It is further submitted that marriage was solemnized in year 2016, up to six year's there was no complaint regarding demand of dowry and cruelty. She died due to some internal family problem/dispute. After her death, omnibus allegation has been levelled against present applicant/accused. 6. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. It is further submitted that marriage was solemnized in year 2016, up to six year's there was no complaint regarding demand of dowry and cruelty. She died due to some internal family problem/dispute. After her death, omnibus allegation has been levelled against present applicant/accused. Applicant is the permanent resident of District- Morena (M.P.) and he is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, learned counsel for the applicant prayed for grant of anticipatory bail to the applicant. 7. Learned Public Prosecutor for the State vehemently opposed the application and prayed for its rejection. 8. Learned counsel for the complainant vehemently opposed the application that on the date of incident, she telephoned her Bhabhi about the cruelty and marpeet done by her in-laws. In these situation, applicant is not entitled to be released on anticipatory bail. Heard learned counsel for the rival parties at length and perused the record. 9. Looking to the aforesaid facts and circumstances of the case and the fact that there is no injury mark in the postmortem report, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum o f Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Arresting Authority. 10. The applicant shall further abide by all other conditions as enumerated in sub-section(2) of Section 438 of CrPC. Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules