Ghanshyam Yadav vs State Of Madhya Pradesh

J. P. Gupta, J

This is the first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.548/2020,

registered at Police Station Gotegaon, District Narsinghpur (M.P.) for the offence under Sections 498-A, 306/34 of the IPC.

As per prosecution story, the deceased committed suicide by hanging herself. It is alleged that she committed suicide because the applicant, who is

brother-in-law of the deceased along with other co-accused persons, subjected the deceased with cruelty and harassment.

Learned counsel for the applicant submitted that the applicant is innocent. Marriage of the deceased had taken place nearabout 10 years prior to the

date of incident and he was residing separately. There might be petty quarrel on trivial matters amongst family members but that cannot be termed as

abetment to commit suicide. The applicant is in custody since 22.10.2020.

Charge-sheet has been filed. Trial will take time. Applicant'ÃÆ'‚€ÃÆ'‚™s custodial trial is not warranted. Further

co-accused has been granted bail by this Court vide order dated 03.12.2020 passed in M.Cr.C. No.46699/2020. There is no likelihood of his

absconding or tampering with the evidence. Hence, prayer is made to release the applicant on bail.

Learned P.L. opposed the bail application and prayed for rejection of the same.

Considering the overall facts and circumstances of the case, it is not a case in which applicant should be kept in custody during the whole trial, hence,

this application is allowed. Applicant Ghanshyam Yadav is directed to be released on bail on his furnishing a personal bond in a sum of Rs.40,000/-

(Rupees Forty Thousand only) with a solvent surety in the like amount to the satisfaction of JMFC concerned or CJM for his appearance in trial Court

on the dates so fixed by that Court during trial.

It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C.

Certified copy as per rules.