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2020 DIGILAW 918 (MP)

Krishna v. State Of Madhya Pradesh

2020-09-16

PRAKASH SHRIVASTAVA

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JUDGMENT Prakash Shrivastava, J. - Heard through video conferencing. 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 Sections 377, 294, 506, 323, 498-A r/w 34 of IPC & Section 3/4 of Dowry Prohibition Act registered with Police Station Khategaon District Dewas in Crime no. 267/2020. 5. Learned counsel for the applicant submits that the marriage of applicant with complainant was solemnized on 22nd April 2019 and the complainant had left the house of applicant on 15/11/2019 since then she is living separately. He further submits that present complaint has been filed on 24/6/2020 almost after 7 months of leaving the house of applicant. He also submits that applicant was apprehending that he may be falsely implicated on the basis of such allegation, therefore, on 13/1/2020 he had made a complaint to the police in this regard. He also submits that applicant is in custody since 21/7/2020 and he is no longer required for the purpose of investigation. 6. Learned counsel for the State has opposed the application for grant of bail and has referred to the statement of complainant recorded under Section 164 of Cr.P.C. 7. Learned counsel for objector has also opposed the bail application. 8. 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. 9. 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. 10. 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. 11. Certified copy as per rules.