Madhya Pradesh High Court
Vijay Ojha vs The State Of Madhya Pradesh on 13 May, 2016
1 Mcrc. 5603/16
Vijay Ojha Vs. State of M.P.
13/5/16
Shri Anshu Gupta, Advocate for the petitioner.
Shri Vijay Sunderam, Panel Lawyer for the State.
Case-diary is perused.
Learned counsel for the rival parties are heard.
This is first application under Section 439 of Cr.P.C. for grant of
bail.
Petitioner has been arrested by Police Station Pichhore, District
Gwalior (M.P.) in connection with Crime No.40/16 registered in relation
to the offences punishable under Sections 304-B and 498-A/34 of I.P.C.
Learned Panel Lawyer for the State opposed the application and
prayed for its rejection by contending that on the basis of the allegations
and the material available on record, no case for grant of bail is made
out.
The petitioner being brother-in-law is alleged with dowry demand
related cruelty which led to deceased committing suicide by hanging
herself. There is no ante-mortem injury. Marriage took place 4 and ½
years before the incident. Statements of the parents of the deceased
indicate that petitioner (brother-in-law) with his parents was residing
elsewhere and maintain separate establishment.
Considering the aforesaid facts and that the material placed on
record does not disclose the possibility of the petitioner fleeing from
justice and trial is not likely to conclude in the near future and prolonged
pre-trial detention being an anathema to the concept of liberty, this
Court though is inclined to extend the benefit of bail to the petitioner but
with certain stringent conditons.
Accordingly, without expressing any opinion on merits of the
case, this application is allowed and it is directed that the petitioner be
released on bail on furnishing a personal bond in the sum of Rs.
50,000/- (Rs. Fifty Thousand only) with two solvent sureties each
of Rs. 25,000/- to the satisfaction of the concerned Trial Court.
This order will remain operative subject to compliance of the
following conditions by the petitioner :-
2 Mcrc. 5603/16
Vijay Ojha Vs. State of M.P.
1.The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the investigation/trial, as the case may be;
3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the trial; and
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The petitioner shall mark his presence before concerned trial court once every week till conclusion of the trial.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge (Bu)