Zakir vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard and perused the case diary.

This is the applicant’s third bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.411/2021 registered at Police Station-Manik Chowk, District- Ratlam (MP) for offence punishable under Sections 306 of the IPC. The applicant is in custody since 07.9.2021.

Applicant's earlier bail applications have already been dismissed as withdrawn by this Court.

The allegation against the applicant is of abatement of suicide of one Sulekha, who has committed suicide by hanging.

Counsel for the applicant has submitted that the merg intimation regarding which was lodged by the husband of the deceased on 6.8.2021 in which no allegations were made against the present applicant; whereas in the FIR lodged on 7.9.2021 it is alleged that the applicant used to harass the deceased and threaten to viral her photographs in which he had with her in compromising position. It is further submitted that the charge sheet has been filed and apart from the oral allegations there is no other evidence available on record to connect the applicant with the offence. Thus, counsel has submitted that the application be allowed.

Counsel for the State, on the other hand, has opposed the prayer and it is submitted that the photographs of the applicant and the deceased have already been seized and hence, no case for grant of bail is made out. However, it is not denied that there is no other documents available to suggest that the applicant used to threaten the deceased.

On due consideration of the submissions, on perusal of the case diary, considering the fact that the charge sheet has already been filed and the final conclusion of the trial is likely to take long time, this Court finds force with the contention raised by the counsel for the applicant. Accordingly, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is further observed that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.