Madhya Pradesh High Court
Veerandra Tiwari vs The State Of Madhya Pradesh on 7 February, 2023
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 7 th OF FEBRUARY, 2023
MISC. CRIMINAL CASE No. 4937 of 2023
BETWEEN:-
VEERANDRA TIWARI S/O SHRI PUROSHOTTAM
TIWARI, AGED ABOUT 30 YEARS, OCCUPATION: SELF
EMPLOYED (PANDITAI) R/O BUNGLOW NO. 24
NOWGONG DISTRICT CHHATARPUR M.P. (MADHYA
PRADESH)
.....APPLICANT
(BY MS. GEETA TIWARI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S TATION NOWGONG DISTRICT CHHATARPUR M.P
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI S.N. PANDEY - ADVOCATE FOR OBJECTOR AND SHRI VIJAY SONI -
GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.
2. Applicant has been arrested on 07.10.2022 in connection with Crime No.525/2022 for offence under Sections 304-B, 498-A, 34 of the IPC and Section 3/4 of the Dowry Prohibition Act registered at Police Station- Nowgong, District-Chhatarpur (M.P.).
3. Learned counsel appearing for the applicant submitted that applicant is 2 innocent and has falsely been implicated in the case. Applicant is in jail since 07.10.2022. As per prosecution story, father-in-law and mother-in-law of deceased used to demand dowry from deceased. No allegation is made against applicant who is husband for harassing the deceased for demand of dowry. General allegation against family members are made. On these grounds, she prayed that applicant may be enlarged on bail.
4. Learned Government Advocate appearing for the State as well as counsel for Objector opposed the application for grant of bail. It is submitted that applicant got married on 02.03.2019 and deceased committed suicide on 31.08.2022 after four years of marriage. There is statement given by father of deceased in which allegation is made that applicant and other family members used to harass the deceased for demand of dowry. On said grounds, prayer is made for dismissal of bail application.
5. Heard the counsel for the parties.
6. On perusal of statement, it is not found that applicant harassed the deceased for demand of dowry. Only general allegations are made against the applicant.
7. Considering the aforesaid facts and circumstances of the case, and the period of custody of applicant and completion of trial is likely to take some time, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before concerned Court on all such dates as may be fixed in this regard during pendency of trial.
8. The applicant shall abide by the following conditions of Section 437 3 (3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C.C. as per rules.
(VISHAL DHAGAT) JUDGE shabana SHABANA ANSARI Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d13dda51 0735, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE90A6E10 1CF42422711, cn=SHABANA ANSARI Date: 2023.02.07 14:11:19 +05'30'