Amarsingh S/O Pannalal Balai vs State Of M.P

Subodh Abhyankar, J

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.257/2021

registered at Police Station Kukshi, District Dhar (MP) for offence punishable under Sections 304-B, 498-A, 34 of the Indian Penal Code, 1860. The

applicant is in custody since 11/05/2021.

Allegation against the applicant is of causing dowry death of her daughter-in-law who died under suspicious circumstances by burn injuries on

22/03/2021.

Counsel for the applicant has submitted that the applicant happens to be the father-in-law of the deceased and only omnibus allegations have been

levelled against her. It is further submitted that even on the date of incident, the applicant was not at home when the incident took place which is also

apparent from the statement of his son who was also made an accused subsequently. Counsel has further submitted that the charge sheet has already

been filed, the applicant is in jail since 11/05/2021 and final conclusion of the trial is likely to take sufficient long time. Counsel has further submitted

that under identical circumstances, co-accused Anita Bai has already been granted bail by this Court vide order dated 23.6.2021 passed in

M.Cr.C.No.30727/2021. Hence, on the grounds of parity, it is submitted that the bail application be allowed and he be released on bail as the case is

only an accidental death case.

Counsel for the respondent / State, on the other hand has opposed the prayer. However, it is not denied that the co-accused has already been granted

bail by this Court.

Having considered the rival submissions, perusal of the case diary and taking note of the fact that the omnibus allegations have been levelled against

the applicant and the charge sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time so also maintaining

parity, in the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on

bail upon furnishing a personal bond in the sum of Rs.50,000/-(rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of

the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court

concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that if the applicant is found in any of the criminal activities, after his / her release on bail, then the present bail order shall stand

cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused 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.