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2020 DIGILAW 1034 (MP)

Raj Sahu v. State Of Madhya Pradesh

2020-10-07

J.P.GUPTA

body2020
JUDGMENT J. P. Gupta, J. - This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 5.12.2019 in connection with Crime No.596/2019 registered at Police Station Station Bajariya District Bhopal for the offence punishable under Section 305 of IPC. 2. Allegation against the applicant is that he instigated the deceased to commit suicide by insisting to marry him and that on that account the prosecutrix committed suicide. 3. It is submitted that the applicant is innocent. He is in custody since 5.12.2019. Trial is still pending and will take time due to Covid-19. There is no cogent evidence to connect the applicant with the crime and on the basis of suspicion and on insufficient material he is going to be prosecuted. There is no likelihood of his absconding and tempering with the material witnesses and his further custody is not warranted. Hence, he be enlarged on bail. 4. Learned P.L., opposed the application and prayed for rejection of the same. 5. Having considered the contentions of learned counsel for the parties and perusing the record, without commenting anything on the merits of the case, in view of this court, it is a fit case to grant bail. Hence, this application is allowed. 6. Applicant Raj Sahu is directed to be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial Court on the dates so fixed by that Court during trial. It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C. 7. Certified copy as per rules.