Madhya Pradesh High Court
Pannalal Kotwar vs The State Of Madhya Pradesh on 8 April, 2024
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 8 th OF APRIL, 2024
MISC. CRIMINAL CASE No. 12284 of 2024
BETWEEN:-
PANNALAL KOTWAR S/O SHRI GAYA PRASAD KOTWAR,
AGED ABOUT 52 YEARS, OCCUPATION: LABOUR R/O
VILLAGE TITLI P.S. AMILIYA DISTRICT SIDHI (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI RAKESH DWIVEDI - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH STATION
HOUSE OFFICER POLICE STATION AMILITYA DISTRICT
SIDHI (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI MANOJ KUSHWAHA - PANEL LAWYER )
MISC. CRIMINAL CASE No. 12279 of 2024
BETWEEN:-
CHAMELIYA DEVIKOTWAR W/O SHRI PANNALAL
KOTWAR, AGED ABOUT 50 YEARS, OCCUPATION:
HOUSEHOLD R/O VILALGE TITLI P.S. AMILIYA
DISTRICT SIDHI (MADHYA PRADESH)
.....APPLICANT
(BY SHRI RAKESH DWIVEDI - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH STATION
HOUSE OFFICER POLICE STATION AMILIYA DISTRICT
SIDHI (MADHYA PRADESH)
.....RESPONDENT
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 4/8/2024
6:11:03 PM
2
(BY SHRI MANOJ KUSHWAHA - PANEL LAWYER )
These applications coming on for admission this day, the court passed
the following:
ORDER
These are first application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.846/2023, dated 14.12.2023 registered at Police Station-Amiliya, District-Sidhi (M.P.) for commission of offence punishable under Sections 498A, 304B/34 of IPC and Section 3/4 of Dowry Prohibition Act. Applicants are in detention since 22.02.2024.
2. As per the prosecution story, deceased, whose marriage was performed with the son of present applicants on 11.6.2023, committed suicide on 20.11.2023 by hanging herself. In the course of enquiry and investigation, it was alleged by mother of the deceased that she was being tortured and harassed in connection with demand of motorcycle.
3. Learned counsel for the applicants has submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated. No dowry was demanded and allegation of demanding motorcycle in connection with demand of dowry is vague and general in nature Applicants are father-in-law and mother-in-law of the deceased and there is no specific allegation against them. Therefore, it is prayed that the applicants may be released on bail pending the trial.
4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicants.
5 . Applicants are father-in-law and mother-in-law. Considering the totality of allegations and all the facts and circumstances of the case, but Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/8/2024 6:11:03 PM 3 without expressing anything 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 warranted. Consequently, these bail applications under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stand allowed.
6 . It is directed that applicants - Pannalal Kotwar and Chameliya Kotwar 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.
7 . This order shall be effective till the end of the trial. However, in case o f 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: 4/8/2024 6:11:03 PM