Milind Ramesh Phadke, J
1. The applicant has filed this First bail application under Section 482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail.
2. Applicant apprehends his arrest in connection with Crime No.247/2023 registered at Police Station Umari District Bhind (M.P.) in relation to the offence punishable under Sections 304-B, 34 of IPC and Section 3/4 of Dowry Prohibition Act.
3. According to the prosecution case, the deceased expired on account of hanging on 21.08.2023 and she was married to co-accused Anil, son of the applicant on 26.01.2023. It is alleged against the applicant that on 20.08.2023 the deceased called her parents that the son of the applicant is physically assaulting the deceased and he has hacked her mobile and she called her parents to immediately come and her parents assured that they would come shortly. However, on the next day she died by hanging and her body was taken to District Hospital, Bhind by the applicant and his family members but she was declared brought dead.
4. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated in the aforesaid crime. It is further argued that the allegations of dowry demand are omnibus in nature and relate to the applicant and his family demanding gold chain and car from the family of the deceased. However, there was no such complaint in the matter before the alleged incident. It is argued that in-fact son of the applicant has made an application to the police that the deceased was being blackmailed by one Anil Singh Parmar and he has requested the police to investigate the matter from this angle also, however, the police has not investigated the matter from that angle. It is further submitted that statements of complainant Guddi (PW-1) and Rambabu (PW-2) have been recorded, wherein they have not supported the story of prosecution. Applicant undertakes to cooperate in investigation/trial. He is ready to abide by all the terms and condition as imposed by this Court. It is further submitted that co-accused Anil Singh has already been granted regular bail by this Court vide order dated 15.01.2025 in M.Cr.C. No.36939/2024 and the case of the present applicant is on better footing to that of co-accused. Hence, on the the ground of parity also, counsel prayed for anticipatory bail.
5. Per contra, learned counsel appearing on behalf of the State vehemently opposed the application and prayed for its rejection.
6. Heard counsel for the parties and perused the case diary.
7. Considering the overall facts and circumstances of the case, the nature of allegations, without commenting upon merits of the matter, this Court is of the view that the applicant has made out a case for grant of anticipatory bail.
8. Accordingly, it is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority/Investigating Officer.
9. This order will remain operative subject to compliance of the following conditions by the applicant:-
(i) The applicant will comply with all the terms and conditions of the bond executed by him;
(ii) The applicant will cooperate in the investigation/ trial, as the case may be;
(iii) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
(iv) The applicant shall not commit any offence during the period of bail;
(v) The applicant will not seek unnecessary adjournments during the trial;
(vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
10. Application stands allowed and disposed of.
11. Copy of this order be sent to the trial Court/Police Station concerned for compliance.
Certified copy as per rules.
