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Judgment
20 paragraphs · 392 wordsG.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 26.07.2021 in connection with Crime No.116/2021 registered at Police Station Badoni, District Datia for offence
under Sections 304B, 498A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant is elder brother-in-law (Jeth)of the deceased. The
deceased was married on 29.12.2020 and she committed suicide by hanging on 12.7.2021. By referring to the statements of the parents of the
deceased, it is submitted that both of them have specifically stated the deceased was kept properly for the first four to five months and thereafter on
one day the deceased informed her father on phone that her husband and father-in-law are demanding Rs.50,000/- and a motorcycle and he was also
informed that when the deceased refused to fulfill their demand on the ground of poor financial condition of her father, then she was beaten by all her
in-laws including the present applicant. It is further submitted that nowadays a general tendency is increasing to falsely implicate the near and dear
relative of the husband. The applicant is in jail from 26.7.2021 i.e. more than five months. The trial is likely to take sufficiently long time and there is no
possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the
applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to
the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal
Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.