Madhya Pradesh High Court

MCRC/2938/2024 of BADAL SINGH Vs THE STATE OF MADHYA PRADESH on 1 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 1[st] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 2938 of 2024

BETWEEN:-

BADAL SINGH S/O SHRI CHITTAR SINGH, AGED ABOUT22 YEARS, OCCUPATION: LABOUR R/O VILLAGEPADWAR P.S. BAHROL TEHSIL BANDA DISTRICTSAGAR (MADHYA PRADESH)

(BY SHRI JAFAR KHAN - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICES TATI ON BAHROL DISTRICT SAGAR (MADHYAPRADESH)

(BY SHRI AMIT PANDEY - PANEL LAWYER)

.....RESPONDENT

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

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ORDER

This is fifth bail application filed by the applicant under Section 439 ofthe Cr.P.C. for grant of temporary bail relating to FIR No.318/2022, dated17.12.2022, registered at Police Station Bahrol District Sagar (M.P.) forcommission of offence under Sections 304-B, 498-A and 34 of IPC andSection 3/4 of the Dowry Prohibition Act. He is in detention since 09.01.2023.

Earlier, his two bail applications for grant of regular bail were dismissedas withdrawn and not pressed vide orders dated 22.02.2023 and 12.05.2023passed in M.Cr.C.No.8338/2023 and 15163/2023 while third bail application for temporary bail was dismissed on merits and fourth bail application wasdismissed for want of prosecution vide orders dated 18.07.23 and 04.01.2024passed in M.Cr.C.Nos.30965/23 and 53571/23 respectively.

3 . A s per the prosecution story, on 03.12.2022 deceased Kaushalyawhose marriage was solemnized six months ago with the present applicantcommitted suicide by hanging herself in matrimonial home. It was alleged thatshe was being physically and mentally tortured by husband and mother-in-law inconnection with demand of dowry. After investigation, charge-sheet has beenfiled.

4. Learned counsel for the applicant has submitted that applicant has notcommitted any offence. He is innocent. He has been falsely implicated. He is injail for last one year. It is further submitted that mother and father of thedeceased, namely, Dropadi Bai (P.W.1) and Rajendra (P.W.2) have alreadybeen examined before the trial court and they have made allegations only againstmother-in-law of the deceased and not against husband the present applicant. Therefore, it is prayed that applicant may be released on bail pending the trial.

5. On the other hand, learned counsel for the respondent/State hasopposed grant of bail to the applicant.

6. In this case, mother and father of the deceased have already beenexamined before the trial court and according to them it was mother-in-law whowas mentally and physically harassing the deceased and on account of thatharassment, deceased committed suicide. I have gone through the evidence ofP.W.1 Dropadi Bai and P.W.2 Rajendra (mother and father of deceased).Having taken into consideration the submission of learned counsel for theapplicant and the material on record but without expressing any opinion on themerits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this fifth bailapplication under Section 439 of the Code of Criminal Procedure for grant ofbail filed on behalf of applicant, stands allowed.

7. It is directed that applicant - Badal Singh be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand only) with one solvent surety in the like amount to the satisfaction ofthe trial Court, for his regular appearance before the trial Court during trial witha condition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.

8. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.

Certified copy as per rules.

MKL

(DINESH KUMAR PALIWAL)JUDGE

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