Madhya Pradesh High Court
Nepal vs The State Of Madhya Pradesh on 27 January, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 27 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 4226 of 2023
BETWEEN:-
NEPAL S/O SHRI PRAKASH KUSHWAH, AGED ABOUT 22
YEARS, VILLAGE SIRAWADA P.S. GANJ BASODA DIST.
VIDISHA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI JITENDRA SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESHTHROUGH POLICE
STATION DEHAT BASODA DIST. VIDISHA (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI B.M.SHRIVASTAVA - PUBLIC PROSECUTOR)
This application coming on for hearing this day the court passed the
following:
ORDER
The applicant has filed this first application under Section 439 of CrPC for grant of bail who has been arrested on 17.08.2022 in connection with Crime No.323 of 2022 registered at Police Station Dehat Basoda District Vidisha for offence under Section 498-A, 304-B, 34 of IPC and 3/4 of Dowry Prohibition Act.
As per prosecution story, marriage of prosecutrix with present applicant accused was solemnized on 08.05.2021. On 25.07.2022, deceased Rukmani, wife of the present applicant/accused committed suicide by hanging in her in-
Signature Not Verifiedlaws house. Merg was registered. Dead body panchnama was prepared. Dead Signed by: MADHU SOODAN PRASAD Signing time: 1/27/2023 3:38:56 PM 2 body was sent for post-mortem. As per post-mortem report, prosecutrix died due to asphyxia. Merg was inquired and statements of maternal side of the prosecutrix were recorded in which they have alleged that present applicant accused and her other in-laws used to demand Rs.2,00,000/- from the prosecutrix. Due to non-fulfillment of their demand, they used to harass her due to which she committed suicide. Afterwards applicant was arrested on 17.08.2022. After investigation, charge-sheet has been filed.
Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 17.08.2022. Investigation has been completed and charge-sheet has been filed. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the application and prayed for its rejection.
Both the Advocates are heard. Case diary perused. Looking to the aforesaid facts and circumstances of the case, without commenting upon 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 the applicant furnishes cash security of Rs.25,000/- along with bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in 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.
A copy of this order be sent to the concerned trial Court for information Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/27/2023 3:38:56 PM 3 and compliance.
CC as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE Vijay Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/27/2023 3:38:56 PM