Madhya Pradesh High Court
MCRC/4505/2024 of NANDU @ DEVKINANDAN Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4505 of 2024
BETWEEN:-
NANDU @ DEVKINANDAN S/O SHRI HARCHARANRAIKWAR, AGED ABOUT 23 YEARS, OCCUPATION:AGRICULTURIST RESISENT OF PALERA P.S. PALERADISTRICT TIKAMGARH (MADHYA PRADESH)
(BY SHRI S.K. MISHRA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION PALERA DISTRICT TIKAMGARH (MADHYAPRADESH)
(BY SHRI S.P. CHADAR - GOVERNMENT ADVOCATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is first application filed by the applicant under Section 439 of theCode of Criminal Procedure for grant of regular bail relating to FIRNo.451/2023 registered at Police Station-Palera, District-Tikamgarh (M.P.) forthe offence under Sections 304-B, 498-A, 34 of the IPC and Section 3/4 of theDowry Prohibition Act.
2. Learned counsel appearing for the applicant submitted that applicant isin jail since 10.12.2023. Applicant is innocent and has falsely been implicated inthe case. wife of applicant was not in fit mental condition and was in depressed state. The manner in which she committed suicide also reflects said facts. Shetook out all her clothes, closed the room and committed suicide. A day beforeher death she went along with applicant to police station and has lodged reportagainst her brother-in-law. Non-cognizable report was report against herbrother-in-law. In said report also nothing was stated regarding her harassmentor demand of dowry. On one incident, she has also assaulted her daughter butany document in this regard is not available. In these circumstances, applicantmay be released on bail.
3. Learned Government Advocate appearing for the State opposed theapplication for grant of bail. It is submitted that deceased died within 1 and 1/2year of her marriage. Applicant is husband who used to demand motorcycleand harass her. In these circumstances, applicant may not be released on bail.
4. Heard the counsel for the parties.
5. Considering the totality of aforesaid facts and circumstances of thecase and the fact that charge sheet has been filed, without commenting on themerits of the case, bail application filed by applicant is allowed.
6. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/- (Rs. fifty thousand only) with one solvent suretyin the like amount to the satisfaction of the trial Court concerned for his regularappearance before Court on all such dates as may be fixed in this regard duringpendency of trial.
7. The applicant shall also abide by the following conditions of Section437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of thebond executed under this Chapter; (b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he issuspected and;
(c) that such person shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case as todissuade him from disclosing such facts to the Court or to any police officer ortamper with the evidence.
8. C.C. as per rules.
$A
(VISHAL DHAGAT)JUDGE