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Madhya Pradesh High Court · body

2020 DIGILAW 1100 (MP)

Kanhaiyalal v. State Of M. P.

2020-10-13

PRAKASH SHRIVASTAVA

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JUDGMENT Prakash Shrivastava, J. - Heard through video conferencing on the question of grant of bail. 2. This is an application made by the applicant (accused) under Section 439 Cr.P.C. for grant of bail during trial. 3. Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused. 4. The applicant is facing trial for offence punishable under Section 498-A, 304-B/34 of the IPC registered with Police Station Nahargarh, District Mandsaur, in Crime no.244/2020. 5. Learned counsel for the applicant submits that the applicant is husband of Usha who had committed suicide. He further submits that the marriage was solemnized in 2017 and the incident had taken place in July 2020. He further submits that a suicide note has been recovered in which no allegation has been made against the present applicant. He also submits that co-accused persons have already been granted bail and allegations are general and omnibus in nature. He further submits that the applicant is in custody since 22/07/2020 and that the investigation is complete and challan has already been filed and conclusion of trial is likely to take time. 6. Learned counsel for the State has opposed the application for grant of bail. 7. On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed. 8. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed. 9. The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court. 10. Certified copy as per rules.