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Judgment
15 paragraphs · 361 wordsDeepak Kumar Agarwal, J
Heard on first bail application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail.
Applicant is apprehending his arrest in connection with Crime No.526/2021 registered at police Station, Sabalgarh, Distt. Morena, for the offrence punishable under Section 306/34 of IPC.
As per prosecution story, applicant/accused is the father-in-law of deceased Vinita, who was married to his son on 9.5.2014. On 24th March, 2021 she died due to burning. Merg under Section 16/2021 was registered and enquiry was conducted. In enquiry, it emerged that applicant/accused used to harass the deceased, due to which she committed suicide. Afterwards crime for the aforesaid offence was registered.
Learned counsel for the applicant prays that applicant is innocent and falsely implicated in the case. In the dying declaration, the deceased has not alleged anything against the applicant. Applicant is 57 years old person. He is ready to cooperate in the investigation. It is further submitted that applicant is ready and willing to abide by any conditions which may be imposed by this Court. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
Both the Advocates are heard through Video Conferencing.
Case diary perused.
The deceased in her dying declaration annexed with the case diary has narrated as under :
Þejht ds vuqlkj [kkuk cukus ds fy;s ydMh dks tykus ds fy;s feV~Vh dk rsy mi;ksx fd;k ftlls vkx yx xbZAß
No previous complaint regarding cruelty is on record.
Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application for anticipatory bail should be allowed and by allowing the application it is ordered that in the event of arrest, if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/Investigating Officer, he should be released on bail.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.