High CourtsSingle Bench

Shalikram Kushwaha vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 8 January 2021 · Citation: (2021) 01 MP CK 0016

HON’BLE JUDGES
Anjuli Palo, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 34, 304B, 498A · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.624 Of 2021
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Judgment

16 paragraphs · 333 words

Anjuli Palo, J

This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant - Shalikram Kushwaha who has been arrested in

connection with Crime No.402/2020 registered at Police Station- Singhpur district- Satna for commission of offences under Sections 498-A, 304-B/34

of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The applicant is in custody since 11.12.2020.

Learned counsel for the applicant submits that the applicanthas been falsely implicated in the case. The applicant is brother-in-law (Jeth) in relation of

the deceased however, he is not real brother of the husband of the deceased. As per the counsel for the applicant, the marriage of the deceased was

solemnised about six years prior to the incident. It is also contended that as per the statement recorded by the SDM and police also, the deceased and

her husband were residing separately from the applicant. It is submitted that the deceased died due to electrocution. Police has recovered some

unplugged wire from the spot and cooler and ceiling fans which were being operated by unplugged wires.

Learned Panel Lawyer for the State has strongly opposed the bail application.

Considering the facts and circumstances of the case as well as the fact that applicant is not a close relative of the husband of the deceased and he

was residing separately and that due to COVID 19 pandemic situation, the trial would take considerable time, without commenting on the merits of the

case, this application is allowed. It is directed that Applicant â€" Shalikram Kushwaha be released on bail on his furnishing a personal bond in the sum

of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety, in the like amount to the satisfaction of the concerned trial Court for his

appearance on the dates so fixed by that Court during trial. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.