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Judgment
10 paragraphs · 361 wordsGurpal Singh Ahluwalia, J
Case diary is available.
This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.125/2020 registered at Police Station Pavai, District Bhind for offence under Sections 304-B, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.
It is submitted by the counsel for the applicant that the applicant is elder brother-in-law (jeth) of the deceased. The police had not charge-sheeted the applicant. The Trial Court has taken congnizance under Section 319 of Cr.P.C. The applicant had nothing to do with the family affairs of the deceased. The applicant is residing separately. He is ready and willing to abide by any stringent condition which may be imposed by the Court and undertakes to appear before the Trial Court regularly. It is further submitted that this Court by order dated 23.06.2022 passed in M.Cr.C. No.26668/2022 has granted anticipatory bail to co-accused Rajani Baghel.
Per contra, the application is vehemently opposed by the counsel for the State.
Considering the totality of the facts and circumstances of the case coupled with the fact that the applicant is elder brother-in-law (jeth) and he has been summoned as an additional accused by the Trial Court in exercise of powers under Section 319 of Cr.P.C., but without commenting on the merits of the case, the application is allowed and it is directed that in case if the applicant appears before the Trial Court on or before 05.08.2022, then he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the concerned Trial Court.
It is made clear that in case if the applicant fails to appear before the Trial Court on or before 05.08.2022, then this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
The application is allowed.