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2020 DIGILAW 923 (MP)

Sitaram v. State Of Madhya Pradesh

2020-09-16

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 and 34 of the IPC and Section 3/4 of Dowry Prohibition Act registered with Police Station Nahargarh, District Mandsaur, in Crime no.244/2020. 5. Learned counsel for the applicant submits that Usha W/o Kanhaiyalal had committed suicide and the applicant is father-in-law of the deceased. He further submits that in the suicide note the deceased has not made any allegation against the applicant and even as the FIR and the statement under Section 161 of the Cr.P.C. the allegations against the present applicant are general and omnibus in nature. He also submits that Pushpabai wife of the applicant has been granted bail by this Court vide order dated 13/08/2020 passed in M.Cr.C. No.26008/2020 and the case of the applicant stands on the same footing. He further submits that the applicant is in custody since 22/07/2020 and is no longer required for the purpose of investigation. 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.