Govinda vs The State Of Madhya Pradesh
2022 Latest Caselaw 17114 MP

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             IN THE                HIGH COURT              OF MADHYA PRADESH
                                               AT I N D O R E
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE ANIL VERMA

                                     ON THE 22nd OF DECEMBER, 2022

                                  MISC. CRIMINAL CASE No. 58757 of 2022

              BETWEEN:-
              GOVINDA S/O DILIP CHOUHAN, AGED ABOUT 33
              YEARS, OCCUPATION: SERVICE HOUSE NO. 370
              SECTOR ES 3 SCHEME NO. 78 VIJAY NAGAR,
              DISTRICT INDORE. (MADHYA PRADESH)
                                                                             .....PETITIONER
              (BY SHRI NILESH DAVE - ADVOCATE)

              AND
              THE STATE OF MADHYA PRADESH STATION HOUSE
              OFFICER THROUGH POLICE STATION LASUDIYA
              DISTRICT INDORE. (MADHYA PRADESH)
                                                                          .....RESPONDENTS
              ( BY SHRI RAJESH JOSHI GA )
                           This application coming on for admission this day, the court passed
              the following:

                                                    ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 1439/2022 registered at P.S - Lasudia, Indore District- Indore (M.P.) for commission of offence punishable under Sections 306, 304-B, 498-A, 34 of IPC and sections 3 / 4 of Dowry Prohibition Act.

As per prosecution story, marriage of the deceased Rani was solemnized with co-accused Gaurav on 15/11/2021. Present applicant is the brother-in-law (jeth) of the deceased. It is alleged that after marriage, present Signature Not Verified applicant along with other co-accused persons mentally and Signed by: AMOL N MAHANAG Signing time: 12/22/2022 4:59:54 PM

physically harassed the deceased for non-fulfillment of demand of Rs. 50,000/- as dowry. She had narrated her father that present applicant and other co-accused are harassing her for demand of dowry. Thereafter on 09/09/2022, the deceased committed suicide by hanging herself. After merg inquiry, the aforementioned offence has been registered against the applicant and other two accused persons.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. He is brother-in-law (jeth) of the deceased and is living separately from the deceased and her husband in the same house. The FIR is about 10 months belated without any plausible explanation. Only omnibus allegation has been levelled against the applicant. Prior to the incident, no report has been lodged regarding demand of dowry. Investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required.. He is in custody since 16/09/2022 He is a permanent resident of District- Indore.. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. He has also placed reliance upon the judgment delivered in the case of Appasaheb Vs. State of Maharashtra reported in AIR 2007 SCC 763. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection by submitting that specific allegation has been levelled against present applicant and one day prior to the incident, the deceased informed her father on mobile-phone regarding demand of dowry made by present applicant and other co-accused persons, therefore, Signature Not Verified he does not deserve for bail. Signed by: AMOL N MAHANAG Signing time: 12/22/2022 4:59:54 PM

Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that present applicant is brother-in-law (jeth) of the deceased; main accused is Gaurav who is husband of the deceased; prior to the incident, no report has been lodged by the deceased regarding demand of dowry; she did not left suicidal note; investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required. and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs.Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C., It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per Rules.

(ANIL VERMA) VACATION JUDGE amol Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 12/22/2022 4:59:54 PM