Madhya Pradesh High Court
Manish Kumar Mishra @ Manish Mishra vs The State Of Madhya Pradesh on 13 May, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 13th OF MAY, 2022
MISC. CRIMINAL CASE No. 22701 of 2022
Between:-
MANISH KUMAR MISHRA @ MANISH MISHRA
S/O SHRI SHIVBAHORE @ SHIV BAHADUR
MISHRA , AGED ABOUT 29 YEARS,
OCCUPATION: PRIVATE JOB R/O VILLAGE
PAHADI, POLICE STATION SHAHPUR, TEHSIL
HANUMANA, DISTRICT REWA (M.P.) (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI ARUNODAYA SINGH - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
THE STATION HOUSE OFFICER POLICE
STATION MAUGANJ DISTRICT REWA (M.P.)
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the Second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
T h e applicant has been arrested on 12.11.2021 by Police Station Mauganj, District Rewa in connection with Crime No.02/2021 for the offence punishable under Sections 304B, 498A/34 of Indian Penal Code and Section 3 Signature Not Verified SAN and 4 of Dowry Prohibition Act.
Digitally signed by ANINDYA SUNDAREarlier bail application was dismissed as withdrawn vide order dated MUKHOPADHYAY Date: 2022.05.13 19:53:06 IST 2 14.12.2021 passed in M.Cr.C.No.57879/2021.
It is submitted that the applicant has been falsely implicated in the case and has not committed any offence in any manner. The applicant is stated to be the husband of the deceased. Marriage was solemnized in the year 2016. It is argued that the deceased that is the wife of the present applicant was residing with her parents from 30.07.2019. No complaint was made by the deceased or her family members regarding any demand of dowry till her death. Death has taken place on 12.12.2020. As per the dying declaration recorded before the Trial Court given by the deceased, she has stated that she went to Indore with her husband where he used to force her for doing some illegal act. He is in custody since 12.11.2021. There is nothing on record to show that the ingredients of Sections 304-B, 498-A of I.P.C. and Sections 3 and 4 of Dowry Prohibition Act are fulfilled in the facts and circumstances of the present case. The applicant is the first offender. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail. In such circumstances, he prays for grant of bail.
Per contra, counsel appearing for the State has vehemently opposed the application stating that the applicant is the husband having the responsibility towards his wife. He was beating and harassing owing to which she left the house on 30.07.2019; and was residing with her parents. Dying declaration has been recorded wherein she has categorically stated that owing to the act of her husband she has committed suicide by pouring kerosene oil and set herself on fire. There is nothing on record that could be pointed out by the State counsel that during this intervening period of one and half years any complaint regarding Signature Not Verified SAN harassment and demand of dowry was made by the deceased or her parents.
Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.05.13 19:53:06 ISTThe applicant being the first offender and filing of charge sheet is not disputed 3 by the State counsel.
Considering the overall facts and circumstances of the case and without commenting upon the merits of the case, this Court deems it appropriate to allow the application. Accordingly, the application is allowed, subject to verification of the fact that the applicant is a first offender. He is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. 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 him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the Signature Not Verified SAN trial Court/Investigating Officer, as the case may be;Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY
7. If the applicant is found involved in any case except present one, his Date: 2022.05.13 19:53:06 IST 4 bail shall stand rejected without any reference to the Court; and
8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
In view of the COVID-19, jail authorities are directed to follow the Covid Protocol guidelines before releasing the applicant.
Application stands allowed and disposed of.
Certified copy as per rules.
(VISHAL MISHRA) JUDGE AM Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.05.13 19:53:06 IST