High CourtsSingle Bench

Sunil Kushwah vs State Of M.P

Madhya Pradesh High Court · Decided on 25 January 2021 · Citation: (2021) 01 MP CK 0101

HON’BLE JUDGES
G.S. Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 302, 304B, 498A · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.4104 Of 2021
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Judgment

16 paragraphs · 299 words

G.S. Ahluwalia, J

This is ninth application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 19/11/2017 in connection with Crime No. 278 of 2017 registered by Police Station Raun, District Bhind for offence

punishable under Sections 304-B, 302, 498-A, 34 of IPC and under Section 3 /4 of Dowry Prohibition Act.

It is submitted by the counsel for the applicant that all the material witnesses have turned hostile and they have not supported the prosecution case. It

is also submitted that earlier, this Court had granted liberty to the applicant to revive the prayer after examination of Nawab Singh. It is submitted that

Nawab Singh has also been examined and he has not supported the prosecution case. It is further submitted that the trial is likely to take sufficiently

long time and there is no possibility of his absconding.

Per contra, the application is opposed by the counsel for the respondent/State. However, after going through the Police Case Diary, it is fairly

conceded by the counsel for the State that all the material witnesses have been examined and none of them have supported the prosecution case.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and 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 the trial but in case of bail jump, it shall become ineffective.

Certified copy as per rule.