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2022 DIGILAW 545 (MP)

Bane Singh v. State of Madhya Pradesh

2022-04-04

SUBODH ABHYANKAR

body2022
JUDGMENT Subodh abhyankar, J. - They are heard. Perused the case diary / challan papers. This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is apprehending his / her arrest in connection with Crime No.24/2022 registered at Police Station Jeerapur, District Rajgarh (MP) for offence punishable under Sections 498-a, 326 and 34 of the Indian Penal Code, 1860 (as well as Sections 304-B and 302 of IPC, added after investigation). The allegation against the applicant is that he was also involved in the aforesaid offence wherein the deceased Sona Dangi W/o Suraj Dangi died due to burn injuries on account of the incident which took place on 19.11.2021. It is alleged that the present applicant who happens to be the uncle of husband of the deceased as also the husband and his family members poured boiling water on her lower limb. as a result of which, she died on 27.01.2022. Her dying declaration was also recorded on 10.01.2022 and the First Information Report (FIR) was lodged on 15.01.2022. Counsel for the applicant has submitted that the applicant has been falsely implicated in the case as he is a resident of village Jeerapur, District Rajgarh (MP), whereas the incident has taken place in Village Pipalda, Tahsil Jeerapur, District Rajgarh (MP). It is further submitted that the applicant is a 'Government Servant' presently engaged as a Government Teacher in Government Primary School, Motipura since 2010, document regarding which has also been placed on record. Counsel has also submitted that there was no occasion for the applicant to demand dowry or to harass the deceased in any manner and he is also residing separately with his family. In such circumstances, when the applicant is ready to cooperate with the investigation, his custodial interrogation is not necessary. It is submitted that the applicant, if arrested in the present matter, would suffer extreme hardship. Counsel has further submitted that the applicant is ready to abide by all the conditions, as may be imposed by this Court. Thus, it is submitted that the applicant be released on anticipatory bail. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that looking to the dying declaration of the deceased, no case for grant of anticipatory bail is made out. Thus, it is submitted that the applicant be released on anticipatory bail. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that looking to the dying declaration of the deceased, no case for grant of anticipatory bail is made out. Having considered the rival submissions and on perusal of the case diary as also the taking note of the chronology of the events, as stated above, this Court is of the considered opinion, that in such circumstances, the custodial interrogation of the applicant would not be necessary. accordingly, this application is allowed. It is directed that in the event of arrest, applicant Bane Singh s/o Shri Narayan Singh shall be released on bail, upon his / her executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing solvent surety in the like amount to the satisfaction of the arresting Officer (Investigating Officer). The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973. It is also observed that after his / her release on bail, if the applicant is found in any criminal activities, the present bail order shall stand automatically cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also. accordingly, Miscellaneous Criminal Case No.11442/2022 stands allowed. all the other pending interlocutory applications, if any, (including Ia No.4347/2022) shall stand disposed of. Certified copy as per rules.