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Judgment
19 paragraphs · 353 wordsG.S. Ahluwalia, J
This second application under Section 439 of Cr.P.C. has been filed for grant of bail. Previous application was dismissed by order dated 11.08.2021
passed in M.Cr.C. No. 36767/2021.
The applicant has been arrested on 03.06.2021 in connection with Crime No.699/2020 registered at Police Station Karaira Distt. Shivpuri for offence
under Section 306 of IPC.
It is submitted by the Counsel for the applicant that the first application was withdrawn. It is submitted that according to the prosecution case, the first
wife of the applicant, who was the sister of the deceased had expired, and thereafter deceased started living with the accused. She stayed with him
for a period of one year and thereafter she committed suicide. According to the allegations made by the parents of the deceased, the applicant was
harassing the deceased on trivial issues and was also in habit of beating her. However, the nature of trivial issues have not been disclosed in the
statement recorded under Section 161 of Cr.P.C. The applicant is in jail for the last more than seven months and the trial is likely to take sufficiently
long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the
applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the
satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal
Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.