Chandrakant Moury vs The State Of Madhya Pradesh
2023 Latest Caselaw 18903 MP

                                                          1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                               ON THE 8 th OF NOVEMBER, 2023
                                            MISC. CRIMINAL CASE No. 49196 of 2023

                           BETWEEN:-
                           CHANDRAKANT MOURY S/O SHRI GOPAL MOURY,
                           AGED      ABOUT     31     YEARS, OCCUPATION:
                           AGRICULTURIST PALAYCHHA THANA BELGARH
                           DISTRICT GWALIOR M.P. HAL NIWASI WARD NO. 25
                           BHITARWAR DISTT. GWALIOR (MADHYA PRADESH)

                                                                                    .....APPLICANT
                           (SHRI PREM SINGH BHADOURIA, LEARNED COUNSEL),

                           AND
                           THE STATE OF MADHYA PRADESH INCHARGE POLICE
                           STATION THROUGH POLICE STATION DEHAT BHIND
                           (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                           ( SHRI RAMADHAR CHOUBEY, LEARNED PL),
                           SHRI AJIT SINGH BHADORIA, LEARNED COUNSEL FOR THE
                           RESPONDENT [COMP].

                                 This application coming on for HEARING this day, th e court passed

                           the following:
                                                           ORDER

T he first bail application has been filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.531 of 2023 registered by PS Dehat Bhind Distt. Bhind (M.P.) for the offence punishable under Sections 304B and 498A of IPC.

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/11/2023 10:50:01 AM

As per the case of prosecution, Dr. Ajay Tegar informed PS Kampoo Distt. Gwalior that Preeti Maurya, brought in unconscious condition due to disease, was admitted in causality ward in JAH Hospital on 11.06.2023 at 9.30 PM. The Medical officer found her dead. On such intimation, unnatural death Intimation No.50 of 2023 was registered. Panchnama of dead body of Preeti was conducted wherein, brother and mother of Preeti along with other witnesses opined that Preeti had died due to old disease. Autopsy was conducted on dead body of Preeti. Medical officer opined that the death was caused due to cardio-respiratory failure. During inquest,

Kuldeep Goyal brother of deceased, Parvati Bai mother of deceased and Pradeep Goyal brother of deceased, for the first time on 02.08.2023 alleged that accused Chandrakant used to harass and torture Preeti with regard to demand of dowry. Chandrakant was manhandling and harassing Preeti for big vehicle and money. Preeti was compelled to live at her parental home. On 9.5.2023, when Preeti was at her parental home, Chanrakant came there and assaulted Preeti. Thereafter, Chandrakant got her admitted at Birla Hospital. After her recovery, he left Preeti again at her parental house. Feeling aggrieved by the constant harassment, Preeti remained constantly ill. In June, 2023. Preeti was admitted at Distt. Hospital Bhind. Thereafter, she was referred to Gwalior. During treatment at JAH, Gwalior, Preeti expired on 11.6.2023. On such allegations, PS Bhind Dehat registered FIR at Crime No.531 of 2023 for offence punishable under Sections 304B and 498A of IPC against applicant Chandrakant. Chandrakant is apprehending arrest in the matter. Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/11/2023 10:50:01 AM

Investigation is underway.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant was married to Preeti in the year 2019. They were blessed with girl child. Family members of Preeti used to pressurize her to live in her parental home, therefore, Preeti had submitted a written complaint on 11.10.2020 with PS Rithorakalan Distt. Morena against her maternal uncle and brother. Thereafter, Preeti had lodged FIR for offence punishable U/s 498A of IPC against the applicant on 1.1.2021. During trial, the dispute was amicably settled and Preeti in her affidavit dated 7.6.2021 submitted that she had lodged the complaint under pressure of her family members. Chandrakant was acquitted vide judgment dated 30.7.2021. Thereafter, Preeti left her matrimonial home and started living at her parental home. No complaint with regard to demand of dowry or manhandling was made against the applicant till death of Preeti. Learned counsel further contends that as per panchanama and autopsy report, Preeti had died due to cardio- respiratory arrest caused by old ailment. No allegation against the applicant was made for almost two months. Thereafter, in a statement recorded U/s 174 of Cr.P.C on 2.8.2023 for the first time, omnibus allegations with regard to

harassment and demand of dowry was made. Learned counsel submits that the applicant is a constable. There is no likelihood of his absconding leaving behind his family and job. No custodial interrogation is required in the matter. Jail incarceration would bring social disrepute and great hardship to the applicant as he may loose his government job. Therefore,

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/11/2023 10:50:01 AM

the applicant may be extended the benefit of anticipatory bail.

Per contra, learned counsel for the State ably assisted by learned counsel for the complainant opposes the bail application and submits that Preeti was constantly harassed by the applicant, therefore, she was suffering from ailment and ultimately succumbed to her disease. Therefore, the applicant may not be extended benefit of anticipatory bail.

Heard learned counsel for parties and perused the record. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to grant anticipatory bail to the applicant. Thus, the application is allowed.

Accordingly, it is directed that in the event of his arrest, applicant- CHANDRAKANT MAURYA shall be released on bail in relation to the Crime No.531 of 2023 registered by PS Dehat Bhind Distt. Bhind (M.P.) for the offence punishable under Sections 304B and 498A of IPC, upon furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety of the like amount to the satisfaction of the officer making arrest/Trial Court, for compliance with the following conditions:

(1) Applicant shall make herself available for investigation as may directed by the officer, in-charge of investigation;

(2) Applicant shall not commit or get involved in any offence of similar nature;

(3) Applicant shall not directly or indirectly make any inducement,

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/11/2023 10:50:01 AM

threat or promise to any person acquainted with the facts of the case so as t o dissuade her from disclosing such facts to the Court or to the police officer;

(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

(5) Upon submission of final report under Section 173 of Cr.P.C, the applicant shall furnish fresh personal bond and solvent surety of aforementioned amount to the satisfaction of the Trial Court, if so directed and thereafter, shall remain present on every date of hearing as may be directed by the concerned Court;

( 6 ) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

C.C. as per rules.

(SANJEEV S KALGAONKAR) JUDGE Rks

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/11/2023 10:50:01 AM