Madhya Pradesh High Court
Malkhan vs The State Of Madhya Pradesh on 2 December, 2019
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
THE HIGH COURT OF MADHYA PRADESH
1
M.Cr.C. No. 49822/2019
(Malkhan Vs The State of M.P.)
Gwalior, Dated : 02/12/2019
Shri Rajkumar Singh Kushwah, learned counsel for the
applicant.
Shri Sanjeev Mishra, learned Public Prosecutor for the
respondent-State.
Shri Vijay Kumar Narwariya, learned counsel for the complainant.
Heard on IA No.9897/2019 , an application under Section 301(2) of the Cr.P.C.
For the reasons stated in the application, the same is allowed and Shri Vijay Kumar Narwariya, learned counsel and his associates is permitted to assist the prosecution.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first bail application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Station Road District Morena (M.P.) in connection with Crime THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No. 49822/2019 (Malkhan Vs The State of M.P.) No.236/2019 registered in relation to the offence punishable under sections 304-B, 498-A and 34 of the IPC.
Allegations against the applicant, in short, are that applicant alongwith co-accused was involved in subjecting the deceased to cruelty due to non satisfaction of dowry of dowry and ultimately on 06/06/2019 deceased committed suicide by consuming poisonous substance within seven years of her marriage. On the aforesaid basis crime has been registered.
Learned counsel for the applicant submits that he has been falsely implicated in the present case and he is brother in law of the deceased. He is in custody since 05/10/2019. It is submitted that charge sheet has been filed and no further custodial interrogation is required in the matter. Applicant is living separately from the deceased. Initially merg statement of father of the deceased was recorded in which he has not stated anything against the applicant. There is no likelihood of his absconsion or tampering with the prosecution evidence if he is released on bail. He shall abide by the terms and conditions as may be imposed by THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No. 49822/2019 (Malkhan Vs The State of M.P.) this Court. With the aforesaid submissions, prayer for grant of bail is made.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Considering the fact that prolonged pre-trial detention is an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant .
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the the concerned trial Court/Committal Court for his appearance during trial on the dates fixed by the concerned Court.
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;
THE HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No. 49822/2019 (Malkhan Vs The State of M.P.)
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
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/Investigating Officer, asthe case may be.
A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.
(S.A.Dharmadhikari)
JUDGE
Prachi
PRACHI
Digitally signed by PRACHI
MISHRA
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
MISHR MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=cc727abda3453804cde4
A
8b1afcb367afdaf978aea111b1ff29
eae55fd213bc09, cn=PRACHI
MISHRA
Date: 2019.12.03 10:30:18 +05'30'