High CourtsSingle Bench(2023) 01 MP CK 0063

Gurudayal vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 16 January 2023

HON’BLE JUDGES
Atul Sreedharan, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.2315 Of 2023

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Judgment

5 paragraphs · 203 words

Atul Sreedharan, J

This is second application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant Gurudayal in connection with Crime No.32/2022 for the offence punishable under Sections 304B, 498A, 34 of IPC and Section 3/4 of the Dowry Prohibition Act, registered at Police Station City Kotwali, District Bhind (Madhya Pradesh).

This is the second application for grant of bail. The first application was dismissed on merits vide order dated 25.07.2022. Thereafter by way of change in circumstances, the mother, sister-in-law, father and brother have been examined before the trial Court and they have turned hostile and have not supported the prosecution's case. The allegation against the applicant is of cruelty to his wife on account of dowry demand due to which she is stated to be committed suicide by hanging.

In view of what has been stated and considered hereinabove, the application is allowed. It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.

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