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2020 DIGILAW 1213 (MP)

Sheikh Aziz @ Pappu v. State Of M. P.

2020-11-10

RAJEEV KUMAR DUBEY

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JUDGMENT Rajeev Kumar Dubey, J. - The proceeding was convened through video conferencing. 2. Heard with the aid of case diary. 3. This is first application filed under section 439 Cr.P.C. 4. Applicant Sheikh Azeez @ Pappu was arrested on 03.07.2020 in Crime No. 407/2020 registered at Police Station Kotwali, District Narsinghpur for the offence punishable under Section 498A, 304B of IPC and section 3 & 4 Dowry Prohibition Act. 5. As per prosecution case, on 18/6/2020, deceased Smt. Anjum Nisha wife of co-accused Sheikh Azeem @ Bablu committed suicide by consuming poisonous substance. It is alleged that the applicant Sheikh Azeez @ Pappu brother-in-law of deceased and co-accused Sheikh Azeem @ Bablu husband and Smt. Ruksana sister-in-law of the deceased demanded one lakh rupees & motorcycle and used to harass her and assaulted her, due to which deceased Smt. Anjum Nisha committed suicide within six years of her marriage. 6. Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that the applicant Sheikh Azeez @ Pappu is the brother-in-law of the deceased and the allegations regarding demand of dowry are general in nature. The applicant is in custody since 03/07/2020 and the conclusion of trial will take time, hence prayed for release of the applicant on bail. 7. Learned counsel for the State as well as learned counsel for the objector opposed the prayer and submitted that the applicant and co-accused persons used to harass the deceased Smt. Anjum nisha, due to which she committed suicide within six years of her marriage. So the applicant should not be released on bail. 8. Looking to the facts and circumstances of the case and the fact that the applicant is the brother-in-law of the deceased and the allegations regarding demand of dowry are general in nature, applicant is in custody since 3/7/2020 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his 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. 9. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the trial; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which he is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without prior permission of the trial Court. C.C. on payment of usual charges.