Arun Singh S/O Inder Singh vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime

No.86/2021 registered at Police Station Badnawar, District Dhar (MP) for offence punishable under Sections 304-B, 498-A read with Section 34 of

the Indian Penal Code, 1860.

The applicant is in custody since 09.02.2021.

The allegation against the applicant is that he along with his other family members used to harass the deceased Ranu; as a result of which, within

three years of her marriage with the present applicant, she committed suicide on 02.02.2021.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case. The marriage of the applicant with the deceased

was solemnized in “lkewfgd lEesyu†at Nagda, District Ujjain (MP) on 06.05.2019 and there is no question of seeking any dowry from the

deceased.

It is further submitted that only omnibus allegations have been levelled against the applicant and also against his family members (who have already

been granted bail by this Court in their separately bail application).

Counsel has submitted that so far as the present applicant is concerned, apart from the bald statement of the family members of the deceased, no

other material is available on record to connect the applicant with the offence.

It is submitted that the charge sheet has already been filed and the applicant is in jail since 09.02.2021.

Counsel has also emphasized on the fact that the last rites of the deceased were performed by the present applicant only on 03.02.2021 and there was

no objection or hue and cry by the family members of the deceased. However, subsequently only with the view to wreak vengeance, false FIR has

been lodged.

It is further submitted that the final conclusion of the trial is likely to take sufficiently long time. Hence, it is submitted that the bail application be

allowed and he be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out.

Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by the learned counsel for

the applicant that only the omnibus allegations have been made against the applicant, he is in jail since 09.02.2021 and the final conclusion of the trial is

likely to take sufficiently long time. Hence, 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.