Madhya Pradesh High Court
Kailash Kushwaha vs The State Of Madhya Pradesh on 19 February, 2019
1 MCRC-6030-2019
The High Court Of Madhya Pradesh
MCRC-6030-2019
(KAILASH KUSHWAHA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 19-02-2019
Shri R.P. Singh, counsel for the applicant.
Shri R.S. Parihar, learned PL for the respondent/State.
Heard with the aid of case diary.
This is First application of the applicant Kailash Kushwaha filed under section 439 Cr.P.C. for grant of bail in connection with Crime No.987/2018 registered at Police Station Kolgwan, District Satna for the offence punishable under Sections 498-A, 304-B/34 of the I.P.C. & 3/4 of Dowry Prohibition Act.
As per the prosecution case, deceased Renu Kushwaha wife of the applicant Kailash Kushwaha died on 10.10.2018 under suspicious circumstances. It is alleged that the co-accused Chandravati Kushwaha and Dharampal Kushwaha, who are mother-in-law and father-in-law of the deceased and applicant Kailash Kushwaha-husband of the deceased demanded dowry and used to harass her.
Learned counsel for the applicant submits that applicant has not committed any offence and has been falsely implicated in the offence. T he allegation of demand of dowry are general in nature. Even the statements of mother, Kalesh Kumari Kushwaha (PW-1), father Rajaram Kushwaha (PW-2) and brother Sanjay Kushwaha (PW-3) of the deceased have been recorded by the trial court. They did not depose anything against the applicant. Charge sheet has been filed. The applicant is in custody since 30.10.2018 and conclusion of trial is likely to take long time, hence prayed for release of the applicant on bail.
Learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case and as to the fact that the statements of mother, Kalesh Kumar Kushwaha (PW-1), father Rajaram Kushwaha (PW-2) and brother Sanjay Kushwaha (PW-3) of the deceased have been recorded by the trial court and the allegation of demand of dowry are general in nature and the fact that the charge sheet has been filed, applicant is in custody since 30.10.2018 and conclusion of trial will take time, so without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the Digitally signed by VARSHA SINGH Date: 19/02/2019 18:25:20 2 MCRC-6030-2019 satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
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 trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;
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.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE VS Digitally signed by VARSHA SINGH Date: 19/02/2019 18:25:20