Rajjan Singh and Another vs State of M.P.

D.K. Paliwal, J.—Heard. Perused the case diary.

This is first application u/s 439 of Cr.P.C. The applicants have been arrested in Crime No. 275/2013 registered at Police Station, Khaniyadhana, District Shivpuri, for the offence punishable under Sections 304-B, 302, 498-A/34 of IPC and Section 3/4 of the Dowry Prohibition Act.

As per prosecution case, the marriage of deceased Rekha was solemnized with Omprakash about 4-5 years ago. Since last one year, Omprakash Yadav, Ramcharan, Rajjan Singh, Gulabbai started demanding motorcycle and harassing the deceased. About 20-25 days prior to the death of the deceased, Omprakash and Ravindra went to bring the deceased from her parents house. The mother of the deceased asked them why they are harassing the deceased, then Omprakash and Ravindra told her to send a motorcycle. The deceased was having four months child in her lap, but Omprakash and Ravindra left the child and took away the prosecutrix forcibly. After 4-5 days, the deceased died.

It is submitted by learned counsel for the applicants that applicants have been falsely implicated in the case. There is no specific allegation against them. Applicant Rajjan Singh is the maternal uncle of the deceased and applicant Ravindra is his son. The father and mother of the deceased have submitted affidavit that deceased was kept well in her matrimonial home and deceased has never made any complaint regarding the harassment. The applicants are in custody since 14.7.2013 and trial will take some time. On these grounds, prayed for bail.

The application is opposed by learned Public Prosecutor.

Taking into consideration that applicant Rajjan Singh is the maternal uncle of the deceased and applicant Ravindra is his son and they are residing at another village, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicants shall be released on bail on their furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of Trial Court.

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

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves in extending 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 the Police Officer, as the case may be;

The applicants shall not commit an offence similar to the offence of which they are accused;

The applicants will not seek unnecessary adjournments during the trial; and

The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.