Madhya Pradesh High Court
Lalaram vs The State Of Madhya Pradesh on 26 June, 2014
(Lalaram Vs. State of MP)
26.06.2014 M.Cr.C. No.3845/2014
Shri Arun Dudawat, Advocate for applicant.
Shri Mukund Bhardwaj, Public Prosecutor for Respondent/
State.
Case Diary is perused.
Learned counsel for the rival parties are heard.
The applicant has filed this 1st bail application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Ashoknagar, District Ashoknagar in connection with Crime No.212/2014 registered in relation to the offences punishable u/Ss. 304B and 498A of IPC.
Learned Public Prosecutor 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.
Considering the facts that the applicant is in custody since 02.04.2014, chargsheet has been filed where allegation against the applicant who is the father-in-law of deceased is of inflicting dowry demand related cruelty which has lead to death of deceased(daughter-in-law), within 10 months of marriage.
Reading of statement of father of the deceased recorded u/S 161 Cr.P.C., indicates that allegation of cruelty having been inflicted soon before death appears to be against the husband of the deceased with omnibus allegation against the father-in-law. The post-mortem report indicates cardiac arrest as the cause of death with no other sign of injury on the body of the deceased. Looking to the age of applicant which is 50 years ,the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the material placed on record does not discloses the possibility of the applicant fleeing from justice, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two solvent sureties, of Rs. 50,000/- each, to the satisfaction of the concerned 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge sh/-