Madhya Pradesh High Court

MCRC/1898/2024 of SUNIL NORIYA Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL

ON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 1898 of 2024

BETWEEN:-

SUNIL NORIYA S/O SHRI CHARANLAL NORIYA, AGED ABOUT 32YEARS, OCCUPATION: AGRICULTURIST R/O NEAR B.T.I. SCHOOLGADARWARA P.S. AND TEHSIL GADARWARA DISTRICTNARSINGHPUR (MADHYA PRADESH)

(BY SHRI S.B. SHRIVASTAVA - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICE STATIONGADARWARA DISTRICT NARSINGHPUR (MADHYA PRADESH)

(BY SHRI N.S. SOLANKI - PANEL LAWYER )

.....RESPONDENT

This application coming on for admission this day, th e court passed the following:

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ORDER

This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation to FIR No. 1082/2023dated 23.11.2023, registered at Police Station Gadarwara, District Narsinghpur (M.P.) forcommission of offence under Sections 498-A, 304-B of IPC and Sections 3, 4 of DowryProhibition Act. Applicant is in detention since 23.11.2023.

2. As per the prosecution story, Sheetal whose marriage was performed with Sunil Noriya on 11.02.2019 committed suicide by hanging herself. It was alleged that applicantwas harassing the deceased for demand of Rs.50,000/- as dowry.

3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. His marriage waslove marriage with the deceased. Therefore, no question of demand of dowry arises.There was some normal wear and tear in their family life but deceased being ofdiscordant and short tampered nature has committed suicide. Therefore, it is prayed thatapplicant may be released on bail pending the trial.

4. On the other hand, learned counsel for the respondent/State has opposed grantof bail to the applicant.

5. Considering the submissions by learned counsel for the applicant and materialon record and having taken into consideration all the facts and circumstances of the case,but without expressing anything on the merit of the case, I am of the view that it is a casein which further pre-trial detention of the applicant is not warranted. Consequently, thisbail application under Section 439 of the Code of Criminal Procedure for grant of bailfiled on behalf of applicant, stands allowed.

6. It is directed that applicant - Sunil Noriya be released on bail on hisfurnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only)with one solvent surety in the like amount to the satisfaction of the trial Court, for hisregular appearance before the trial Court during trial with a condition that he shall remainpresent before the concerned Court on all the dates fixed by it during trial. He shall abideby all the conditions enumerated under Section 437(3) of Cr.P.C.

7. This order shall be effective till the end of the trial. However, in case of bailjump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

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