Shivam vs State Of Madhya Pradesh

This is first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 11.02.2020 in connection with Crime

No.90/2019 registered at Police Station Aswar, District Bhind for the offence punishable under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of

Dowry Prohibition Act.

It is the submission of the learned counsel for the applicant that a false case has been registered against the applicant and he is suffering confinement

since 11.02.2020. On the basis of omnibus allegations, he is behind the bar. His father and brother (husband of deceased) are also in confinement. In

their absence family is finding hard to make both the ends meet. Prime accused are other family members. Confinement since 11.02.2020 amounts to

pretrial detention. He undertakes to cooperate in trial/investigation and to appear before the trial Court as and when required. He further undertakes

that he would not be a source of harassment and embarrassment to the complainant party in any manner. He further undertakes to do some

community service. On all these grounds, he prayed for bail.

Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for its dismissal.

Heard the learned counsel for the parties and perused the case diary.

Considering the submission made by learned counsel for the parties as well as the fact that confinement amounts to pretrial detention, without

expressing any opinion on merits of the case, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that applicant shall be released

on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the

satisfaction of the trial Court concerned for his regular appearance before the trial Court concerned on the dates fixed by the Court during the trial.

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

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