Nahar Singh vs State Of M.P

Subodh Abhyankar, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

The applicant is in custody since 26.11.2020 in connection with Crime No.601/2020 registered at Police Station- Rajgarh District Rajgarh for the

offence punishable under Sections 304-B, 498-A and 34 of I.P.C.

The allegation against the applicant is that he alongwith other family members instigated and abetted the deceased Dalubai to commit suicide, who

was Sister-in-law of the applicant and wife of the Phoolsingh, who is real brother of the applicant. Both of them had solemnized marriage in the year

of 2017. It is alleged that the deceased has committed suicide on 23.11.2020 on account of the harassment meted out to her by her in-laws.

Learned counsel for the applicant has submitted that applicant has falsely been implicated in this case and omnibus allegation has been levelled against

him and his family members with a view to falsely implicate them. It is also submitted that applicant was having serious prostate glands problem on

account of which he was hospitalized on 17.11.2020 and was discharged in the morning of 23.11.2020 and on the same day i.e. 23.11.2020 the

deceased committed suicide by setting herself by fire at about 02:00 pm, thus it was not possible to himself that on the same day he instigated the

deceased to commit suicide as earlier also he was hospitalized on 17.11.2020. It is further submitted that the applicant was brother-in-law of the

deceased and has falsely been implicated only on account of being a elder brother of the husband. The charge-sheet has been filed. There is no

possibility of early conclusion of the trial due to Covid-19 Pandemic. Hence, he prays for grant of bail to the applicant.

Learned Panel Lawyer for the respondent/State opposed the prayer made by the applicant by contending that no case for bail is made out as his name

has been mentioned by the parents of the deceased however, it is not denied that any specific allegations has been made against the applicant.

On due consideration of the contentions raised by the learned counsel for the parties and looking to the fact that the applicant was hospitalized from

17.11.2020 till 23.11.2020 as demonstrated by the discharge card filed by the applicant and further taking note that there are only omnibus allegation

has been made against the applicant, I am of the considered view that it is a fit case to release the applicant on bail, therefore without expressing any

view on the merits of the case, the application is allowed and it is directed that applicant be released on bail on furnishing a personal bond in a sum of

Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the committal Court/Trial Court for securing

his presence before the said Court on all the dates of hearing fixed in this regard during trial.

Certified copy as per rules.