JABALPUR v. (BY SHRI ATUL DWIVEDI, PL)

(BY SHRI ATUL DWIVEDI, PL) .....RESPONDENT/STATE This application coming on for admission this day, the court passed the following: Heard with the aid of case diary. ORDER This is first application filed under Section 439 of Cr.P.C. for grant of bail. Applicant Mukesh Kewat was arrested on 28/01/2022 in connection with Crime No.73/2022 registered at Police Station Panagar, District Jabalpur for the offence punishable under Sections 498-A, 304-B, 34 of IPC and Sections 3 & 4 of the Dowry Prohibition Act. As per the prosecution case, on 06/01/2022 deceased Neha Kewat wife of co-accused Umesh Kewat committed suicide by consuming poisonous substance. It is alleged that applicant Mukesh Kewat father-in-law and co-accused Umesh Kewat husband, Anita Kewat mother-in-law and Kundan @ Lalla Kewat brother-in- law (jeth) of the deceased used to harass the deceased and demanded dowry, due to which she committed suicide. Signature Not Verified SAN Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. The marriage of deceased was solemnized in the year 2014 and not in the year 2017. Police falsely registered case under Section 2 304-B of the IPC against the applicant. The applicant is father-in-law of the deceased. The allegations regarding demand of dowry and harassment against the applicant are general in nature. Applicant has been in custody since 28/01/2022 and conclusion of trial will take time, hence prayed for release of the applicant on bail. Learned counsel for the State opposed the prayer and submitted that the applicant and co-accused used to harass deceased Neha and also demanded dowry, due to which she committed suicide, so he should not be released on bail. Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the applicant is father-in-law of deceased, the allegations regarding demand of dowry and harassment against the applicant are general in nature, applicant is in custody since 28/01/2022 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant 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 satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned 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, 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 Signature Not Verified SAN

#6. The applicant will not leave India without prior permission of the trial Court. C.C. on payment of usual charges. 3 m/- (RAJEEV KUMAR DUBEY) JUDGE Signature Not Verified Signature Not Verified SAN SAN