Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 906 (MP)

Bhupendra Singh Thakur v. State Of Madhya Pradesh

2020-09-14

ANJULI PALO

body2020
JUDGMENT Anjuli Palo, J. - This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant-Bhupendra Singh Thakur who is in custody in connection with Crime No. 122/2020 registered at Police Station Bhangarh, District Sagar (MP) for offence punishable under Sections 498-A and 304-B of the Indian Penal Code. 2. The applicant is the husband of the deceased Ruchi Thakur. As per the prosecution case, the deceased died at the deceased due to burn injuries sustained by her. The deceased died at her matrimonial house within two years of her marriage with the applicant. It is alleged that the applicant poured the kerosene on the deceased and set the fire. 3. Learned counsel for the applicant submits that he is innocent. While preparing tea, the saree of the deceased caught fire. She was immediately taken to the hospital by the applicant where she has given dying declaration in which it was stated she has no complaint against anyone. It is further submitted that due to COVID - 19 pandemic situation the trial would take considerable time, hence, the applicant may be released on bail. 4. Learned Panel Lawyer for the respondent/State has opposed the prayer for bail application. 5. Heard learned counsel for the parties. 6. Admittedly, in the dying declaration recorded by the Magistrate on 12.06.2020, the deceased has not stated anything against the applicant. 7. Further, doctor has not found any trace of kerosene oil on the body of the deceased. Though, the deceased died within 2 years of her marriage, looking to her dying declaration, I am of the opinion that it is a fit case for grant of bail to the applicant. 8. Accordingly, considering the facts and circumstances of the case, without commenting on the merits of the case, this application is allowed. 9. It is directed that applicant-Bhupendra Singh Thakur be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety, in the like amount to the satisfaction of the concerned trial Court for his appearance on the dates so fixed by that Court during trial. 10. The applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 11. Accordingly, the application is allowed and disposed of.