Madhya Pradesh High Court
Acchelal Saket vs The State Of Madhya Pradesh on 7 July, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 7 th OF JULY, 2023
MISC. CRIMINAL CASE No. 11674 of 2023
BETWEEN:-
1. ACCHELAL SAKET S/O SHOBHALAL SAKET, AGED
ABOUT 62 YEARS, OCCUPATION: AGRICULTURIST
R/O VILLAGE NADO POLICE STATION
RAMNAGAR DISTRICT SATNA (MADHYA
PRADESH)
2. PHULJHARIYA W/O ACCHELAL, AGED ABOUT 60
YEARS, OCCUPATION: HOUSE WIFE R/O VILLAGE
NADO P.S. RAMNAGAR DISTRICT SATNA
(MADHYA PRADESH)
3. RAJARAM SAKET S/O ACCHELAL, AGED ABOUT
36 YEARS, R/O VILLAGE NADO P.S. RAMNAGAR
DISTRICT SATNA (MADHYA PRADESH)
4. MANOJ SAKET S/O ACCHELAL SAKET, AGED
ABOUT 32 YEARS, OCCUPATION: PRIVATE JOB
R/O VILLAGE NADO P.S. RAMNAGAR DISTRICT
SATNA (MADHYA PRADESH)
.....APPLICANTS
(BY SHRI SANDEEP KHAMPARIYA - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION RAM NAGAR DISTRICT SATNA DISTRICT
SATNA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI MANOJ KUSHWAHA - PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicants under Section 439 Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/7/2023 6:01:04 PM 2 of the Cr.P.C. for grant of regular bail relating to FIR No.24/2023 dated 22.01.2023 registered at Police Station Ramnagar, District Satna (M.P.) for the offence under Sections 498-A, 304-B/34 of IPC and Section 3/4 of Dowry Prohibition Act. They are in detention since 5.01.2023.
A s per the prosecution story, deceased Laxmi Saket was married to Rajkumar Saket in May, 2017. On 18.12.2022, she left her matrimonial home by telling that she was going to her paternal home; but on 27.12.2022, her dead body was found in a well situated in the agricultural field of Arjun Singh. Her dead body was identified by her husband and father-in-law. She had committed suicide by jumping into well. In course of enquiry and investigation, deceased's father, brothers and other relatives stated that she was being tortured and harassed by the present applicants in connection with demand of dowry of Rs.50,000/- in cash. It is also alleged that she was being tortured and beaten by her husband and others due to which she has committed suicide as she died within 5 years of marriage. After investigation, charge-sheet is filed.
Learned counsel for the applicants has submitted that applicants are innocent. They have not committed any offence. They have been falsely implicated. It is submitted that deceased was married to Rajkumar almost 06 years back and in this period, she never made any complaint against applicants about matrimonial dispute or about ill treatment in connection with demand of dowry. After commission of suicide by deceased, omnibus and general allegations have been leveled against the applicants. They are father-in-law, mother-in-law and brother-in-law. Trial of the case will take considerable time. Therefore, it has been prayed that the applicant be released on bail pending the trial.
Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/7/2023 6:01:04 PM 3O n the other hand, learned counsel for the State has opposed grant of bail to the present applicants.
In this case, deceased has committed suicide by jumping into well. She was married to Rajkumar almost six years back from the date of incident. Therefore, having taken into consideration all the facts and circumstances of the case but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicants is not required and applicants may be released on bail. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed.
I t is directed that applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/7/2023 6:01:04 PM