Madhya Pradesh High Court Directs Registry to Accept Original Demand Draft Without Mentioning the Account Number Therein

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Extract 

The bail application was filed under section 439 of the Cr.P.C. before the High Court of Madhya Pradesh.

Fact

In this case, the applicant got married to the deceased on 15/04/2019. After two months she was found to have consumed some poisonous substance and she was dead. According to the prosecution, the applicant demanded a new car as a dowry.

The Argument on Behalf of the Applicant

Ld. counsel on behalf of the applicant submitted that his client is innocent and he has falsely been implicated in the present crime. He said that the investigation is completed and there is no need for custodial interrogation. He also said that after the marriage the deceased had left her matrimonial home on 16/04/2019. After 20 days she came back to matrimonial home on 07/05/2019. Thereafter she again left for her parents’ home on 20/05/2019. One day before the alleged incident, she returns to her husband’s home. She had not stayed for more than 15 days with the accused. He submitted that the other two co-accused are released on bail. He said due to COVID 19, the trial is not likely to conclude early. On these facts, the applicant seeks bail on terms and conditions.

The Argument on Behalf of the Respondent

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Ld. Penal lawyer on behalf of the respondent opposed the application and submitted that the applicant with his family members used to harass the deceased. They wanted a new car from the deceased family as dowry. They tortured her. Due to this deceased committed suicide.

In response, Ld. Counsel on behalf of the applicant submitted that there was no reason for the applicant to demand a car as dowry, as the applicant bought a new car before marriage on 13/01/2018.

Court’s Observation

The court observed that the accused is in jail since 01/07/2019 having no criminal antecedents. And there is no need for custodial interrogation. All the co-accused are released on bail. And also due to covid 19, the possibility of delay in the conclusion of the trial cannot be ruled out.

Order

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The court released the accused on bail. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 5,00,000. Court put some conditions for realizing the accused on bail.

Click here to view the judgement. 


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