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Judgment
21 paragraphs · 372 wordsSatyendra Kumar Singh, J
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicants, as they have been arrested in connection with Crime
No.525/2021, registered at Police Station Bag, District Dhar (M.P.) for commission of offence punishable under Section(s) 306/34 of IPC.
Prosecution story, in brief, is that applicants having doubt that deceased sexually harassed their wife/sister assaulted him due to which he committed
suicide by hanging.
Learned counsel for the applicant submits that deceased used to harass the wife of the applicant Vikram, who was sister of applicant Jeevan. It is
alleged against them that for the aforesaid reason they assaulted deceased, due to which he committed suicide. Learned counsel for the applicants
submits that if for the sake of arguments allegations made against the applicants are accepted, even then, no case is made out under Section 306 of
IPC against the applicants. They have falsely been implicated in the matter and are in custody since 27.11.2021. Trial will take time for its conclusion.
Hence, prayer is made to enlarge the applicant on bail.
Learned counsel for respondent/State has opposed the application. Having considered the nature of allegations made against the applicants and also
considering the other facts and circumstances of the case, this Court is of the view that the applicants deserve to be enlarged on bail. Hence, without
commenting anything on the merits of the case, the application is allowed.
It is directed that the applicants be released on bail upon each of them furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand
Only) with separate solvent sureties in the like amount to the satisfaction of the concerned Court for their appearance before the trial Court on all such
dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicants shall comply with the provisions
of Section 437 (3) of Cr. P. C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by
the Government with regard to COVID-19 before releasing the applicants.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.