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Judgment
6 paragraphs · 374 wordsMrs. S.R. Waghmare, Judge
By this application filed u/s 439 of the Cr. P.C. applicant Chand Singh has moved the application for grant of bail being implicated in Crime No. 236/2012 registered by police stations Pachaur, Rajgarh for offence under Sections 498-A & 304-B of the IPC. Counsel for the applicant has vehemently urged the fact that it is a case of false implication. Even if the prosecution allegations are considered, Counsel submitted that the present applicant is an uncle-in-law of deceased Reena. Counsel submitted that the disgruntled relatives of deceased have made omnibus statements against all the family members and the major allegation against the husband and other-in-laws. Counsel submitted that there is no specific allegation against the applicant in any of the statement. Moreover, Counsel placed reliance on Preeti Gupta and Another Vs. State of Jharkhand and Another, & Kans Raj Vs. State of Punjab and Others, to state that the Apex Court has deprecated the practice of roping in all the family members in dowry case. Moreover, Counsel prayed for grant of bail since the applicant has been arrested on 29.05.2012.
Counsel for the respondent/State, on the other hand, has opposed the submission of the Counsel for the applicant. He however candidly admitted that there is no specific allegation against the present applicant regarding demand of dowry. Counsel prayed for dismissal of the application.
On considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations and placing reliance on Preeti Gupta & Kans Raj (supra), I find that application needs to be allowed in the interest of justice. The application is, therefore, allowed.
It is ordered that the applicant be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/-(Rupees Twenty Five Thousand only) with one surety of like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the Pendency of trial.
It is also directed that the applicant shall abide by all the conditions enumerated u/s 437(3) of the Cr. P.C. Cc. as per rules.