Manoj Dhakad vs State Of Madhya Pradesh

This is Second bail application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 18.12.2019 in connection with

Crime No.157/2019 registered at Police Station Mohana, District Gwalior for the offence punishable under Sections 316, 498-A, 323, 34 of IPC and

Section 3/4 of Dowry Prohibition Act.

Applicant's earlier bail application was dismissed as withdrawn vide order dated 27.01.2020 passed in M.Cr.C. No.1525/2020.

It is the submission of the learned counsel for the applicant that a false case has been registered against the applicant. He is suffering confinement

since 18.12.2019, whereas charge-sheet has already been filed. Learned counsel further referred the affidavit of wife of the applicant- Smt. Kunjwati

Dhakad to bring home the fact that she is now living with the applicant and she does not intend to proceed further so far as implication is concerned.

Confinement since 18.12.2019 amounts to pretrial detention. He undertakes to cooperate in trial/investigation and to appear before the trial Court as

and when required. He further undertakes that he would not be a source of harassment and embarrassment to the complainant party in any manner.

He further undertakes to do some community service. On all these grounds, he prayed for bail.

Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for its dismissal.

Heard the learned counsel for the parties and perused the case diary.

Considering the submission made by learned counsel for the parties as well as the fact that confinement amounts to pretrial detention, without

expressing any opinion on merits of the case, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that applicant shall be released

on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the

satisfaction of the trial Court concerned for his regular appearance before the trial Court concerned on the dates fixed by the Court during the trial.

This order will remain operative subject to compliance of the following conditions by the applicant:-

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