Shyambabu Ahirwar vs The State Of Madhya Pradesh on 3 March, 2023

[Cites 5, Cited by 0]

Madhya Pradesh High Court

Shyambabu Ahirwar vs The State Of Madhya Pradesh on 3 March, 2023

Bench: Deepak Kumar Agarwal

                                                              1
                             IN     THE        HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 3 rd OF MARCH, 2023
                                           MISC. CRIMINAL CASE No. 7763 of 2023

                            BETWEEN:-
                            SHYAMBABU AHIRWAR S/O HARIRAM AHIRWAR,
                            AGED ABOUT 23 YEARS, OCCUPATION: AGRI. GRAM
                            GHONSUA THANA KURWAI DISTRICT VIDISHA
                            (MADHYA PRADESH)

                                                                                           .....APPLICANT
                            (BY MS. MONICA MISHRA - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESH INCHARGE POLICE
                            STATION THROUGH POLICE STATION THANA KURWAI
                            DIST. VIDISHA (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                            (BY MR. PRAMOD PACHORI - PUBLIC PROSECUTOR)

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

This is the eighth bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. The seventh bail application was dismissed on merit by co- ordinate Bench of this Court vide order dated 19/12/2022 passed in MCRC No.58826/2022.

The applicant has been arrested on 07.01.2021 by Police Station- Kurwai District Vidisha (M.P.) in connection with Crime No.06/2021 for the offence punishable under Sections 304-B, 498-A, 34 of IPC and 3/4 of Dowry Prohibition Act.

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/4/2023 12:10:29 PM 2

As per prosecution case, marriage of the deceased was solemnized on 12.05.2019 with present applicant and from this wedlock one child was born. On 19.12.2020, prosecutrix committed suicide in her in-laws house. Merg was registered. Dead body panchnama was prepared and dead body was sent for post-mortem. As per post mortem report, prosecutrix died due to asphyxia as a result of hanging. During merg inquiry, it was found that as per their capacity maternal side of the deceased solemnized the marriage of the prosecutrix to the present applicant accused. On the pretext of dowry, in-laws used to harass her and demand cash of Rs.50,000/- and one motorcycle from the deceased. On report, the aforesaid offence was registered. After investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. It is further submitted that after one and half month of the incident, the aforesaid FIR was lodged. Applicant is in custody since 07.01.2021 and he is permanent resident of District- Vidisha (M.P.). There is no possibility of his absconsion. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With aforesaid submission, prayer for grant of bail is made.

Per contra, learned Public Prosecutor for the State opposed the application and prayed for its rejection.

Heard learned counsel for both the parties and perused the case diary. Looking to the facts and circumstances of the case and looking to the period of custody but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes cash security of Signature Not Verified Rs.25,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Signed by: VIJAY TRIPATHI Signing time: 3/4/2023 12:10:29 PM 3 Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance. Certified copy/e-copy as per rules/direction.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/4/2023 12:10:29 PM

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court