Krishna Kumar Agnihotri vs The State Of Madhya Pradesh on 17 June, 2022

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Madhya Pradesh High Court

Krishna Kumar Agnihotri vs The State Of Madhya Pradesh on 17 June, 2022

Bench: Vishal Dhagat

                                                1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                 BEFORE
                                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                         ON THE 17th OF JUNE, 2022

                                           MCRC-25412-2022

                           Between:-
                      1.   SAVITRI DEVI W/O SANTOSH PRASAD
                           AGNIHOTRI,   AGED    ABOUT   50  YEARS,
                           OCCUPATION: FARMER R/O VILLAGE JHAJH
                           DONDI TOLA, P.S. AND TEHSIL RAMPUR
                           NAIKIN DISTRICT SIDHI (MADHYA PRADESH).

                      2.   PRIYANKA AGNIHOTRI D/O SANTOSH PRASAD
                           AGNIHOTRI , AGED ABOUT 23 YEARS,
                           OCCUPATION: HOUSEWORK R/O VILLAGE
                           JHAJH DONDI TOLA, P.S. AND TEHSIL RAMPUR
                           NAIKIN DISTRICT SIDHI (MADHYA PRADESH).

                                                                          .....APPLICANTS
                           (BY SHRI DHIRESH SINGH DUBEY, ADVOCATE)

                           AND

                           THE STATE OF MADHYA PRADESH THROUGH
                           POLICE STATION RAMPUR NAIKIN DISTRICT
                           SIDHI M.P. (MADHYA PRADESH)

                                                                         .....RESPONDENT
                           (BY SHRI SANTOSH YADAV, DY. GOVT. ADVOCATE)

                                 MISC. CRIMINAL CASE No. 25412 of 2022

                           Between:-
                           KRISHNA KUMAR AGNIHOTRI W/O SANTOSH
                           PRASAD AGNIHOTRI , AGED ABOUT 22 YEARS,
                           OCCUPATION: STUDENT R/O VILLAGE JHAJH
                           DONDI TOLA, P.S. AND TEHSIL RAMPUR
                           NAIKIN DISTRICT SIDHI (M.P.) (MADHYA
                           PRADESH)

                                                                           .....APPLICANT
Signature Not
 SAN
Verified                   (BY SHRI DHIRESH SINGH DUBEY, ADVOCATE)
Digitally signed by
VINOD KUMAR                AND
TIWARI
Date: 2022.06.17
18:02:22 IST
                                                          2
                                  THE STATE OF MADHYA PRADESH THROUGH
                                  POLICE STATION RAMPUR NAIKIN DISTRICT
                                  SIDHI M.P. (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                                  (BY SHRI SANTOSH YADAV, DY. GOVT. ADVOCATE)

                            This applications coming on for admission this day, the court passed
                      the following:
                                                          ORDER

These are first bail application under Section 439 of Cr.P.C. for grant of bail to the applicants. Applicants have been arrested on 04.05.2022 in connection with Crime No.347/2022 registered at Police Station Rampur Naikin, District Sidhi (M.P.) for commission of offence punishable under Sections 306, 498-A, 304-B and 34 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Counsel appearing for the applicants submitted that general allegations are made against the applicants by family members of deceased. It is submitted that deceased Shivani was married to Ashok in year 2018. She committed suicide by hanging on 20.04.2022. It is submitted that no specific incident of harassment or cruelty is mentioned by the prosecution in the charge-sheet, only general allegations of demand of dowry are made. In this circumstances, counsel prayed for grant of bail to applicants.

Government Advocate appearing for the State opposed the applications for grant of bail. It is submitted that on the date of incident i.e. 20.04.2022, husband of deceased was not present in the house and applicants were there therefore, they were responsible for suicide. It is also submitted that applicants Signature SAN Not Verified used to demand motorcycle and dowry, therefore, bail applications may be Digitally signed by VINOD KUMAR TIWARI rejected.

Date: 2022.06.17 18:02:22 IST 3

Considering the facts and circumstances of the case, particularly the fact that there is no specific allegation against the applicants of harassment therefore, bail applications (M.Cr.C. No. 24119/2022 and M.Cr.C. No. 25412/2022) are allowed. It is directed that on furnishing personal bond of Rs.50,000/- (Rs. fifty thousand) each by the applicants along with one solvent surety in the like amount to the satisfaction of trial Court, applicants Savitri Devi, Priyanka Agnihotri and Krishna Kumar Agnihotri be released on bail.

The applicants shall abide by the conditions enumerated in Section 437 (3) of Cr. P. C. C.C. as per rules.





                                                                                 (VISHAL DHAGAT)
                                                                                      JUDGE
                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2022.06.17
18:02:22 IST

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