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Judgment
21 paragraphs · 391 wordsAnjuli Palo, J
This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 13.7.2020 in connection with Crime No.137/2020 registered at P.S. Papondh District Shahdol for the offences
punishable under Sections 302, 304-B, 498-A/34 of the IPC.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The applicant is the husband of
the deceased, who died on 15.6.2020 due to burn injuries. Their marriage was solemnized two years before the incident. As per dying declaration of
the deceased, her father-in-law, mother-in-law and sister-in-law poured kerosene oil upon her and set her ablaze. At that time the applicant was not
present on the spot. Although there is an allegation of committing cruelty against the applicant but those allegations are made by some other witnesses
and their statements were recorded after sometime of the incident. The deceased did not state anything against the applicant. The applicant is in
custody and there is no hope of conclusion of trial in near future on account of second wave of Covid-19 pandemic, therefore, he may be released on
bail.
Learned Panel Lawyer has opposed the application.
Considering the overall facts and circumstances of the case, dying declaration of the deceased and period of custody of the applicant, I deem it
appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed.
It is directed that applicant Ghanshyam shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as
may be fixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the Corona virus and if he is, he shall be
sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.
Disposed of accordingly.