Naresh Kumar Verma vs State of C.G.

P. Sam Koshy, J.�This is the first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant who has been arrested on 6.1.2014 in connection with Crime No. 02/2014, registered at Police Station - Dhamdha, District-Durg, for the offences punishable under Section 304-B read with Section 34 of IPC. As per the prosecution story, one Lileshwari (the deceased) was married to the present applicant-accused on 5.5.2011 and it is alleged that after the marriage the deceased had been subjected to cruelty by the present applicant-accused and the other co-accused persons, on account of which the deceased had consumed poison and died on 18.11.2013.

Learned counsel for the applicant submits that the other co-accused persons have already been granted bail by this Court vide orders dated 22.4.2014, 17.6.2014 & 17.6.2014 passed in M.Cr.C. Nos. 1733/2014, 2410/2014 & 2499/2014 and that the allegation leveled against the present applicant-accused is identical to that of the allegation leveled against the other co-accused persons who have already been enlarged on bail by this Court. Learned counsel for the applicant further submits that the present applicant-accused is in judicial custody for more than 7 months and, therefore, looking to all these facts, the present applicant-accused may be released on bail.

Learned counsel for the State, however, opposes the bail application on the ground that it is the present applicant-accused who has played a vital role in forcing the deceased to commit suicide.

However, on a perusal of the statements made by the father of the deceased, Jagat Singh, as well as the mother of the deceased, Vedmati, it is, reflected that the allegation leveled against the present applicant-accused is similar and general in nature and except for the omnibus complaint made against the present applicant-accused and the other co-accused persons involved in the instant crime, there is no specific allegation against the present applicant-accused by which, prima facie, the offence punishable under Section 304-B of IPC is made out.

Considering the entire facts and circumstances of the case, particularly, keeping in view the fact that the other co-accused persons involved in the instant crime have already been enlarged on bail by this Court and also considering the fact that the present applicant-accused is in judicial custody for more than 7 months, I am of the view that it is a fit case where the present applicant-accused can be released on bail at this juncture. Accordingly, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that in case if the applicant furnishes a personal bond for a sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, then he shall be released on bail on the following further conditions:--

(i) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

(ii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iii) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.