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2020 DIGILAW 924 (MP)

Gokul @ Yogesh 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 304-(b) and Section 34 of IPC registered with Police Station Depalpur District Indore, in Crime no. 140/2020. 5. Learned counsel for the applicant submits that marriage of applicant with deceased Nikita was solemnized on 10/2/2018. He further submits that Nikita had suffered burn injuries on 26/4/2020 and she remained under treatment upto 1/5/2020 when she had succumbed to the injuries. He further submits that there is no dying declaration or suicide note and that for the first time allegation of demand of dowry and harassment has been made by Mukesh uncle of deceased on 11/6/2020 when his statement under Section 161 of Cr.P.C. was recorded, thereafter FIR has been registered on 20th June 2020. He also submits that Mukesh was witness of Lash Panchanama and Safina Form on 1/5/2020 but he had not made any such allegation for about one and half month after the incident. He also submits that the allegations which are made against the present applicant are general and omnibus in nature and that the investigation is complete, challan has been filed and the applicant is in custody since 17/6/2020. 6. Learned counsel for the State has opposed the application for grant of bail and has referred to the statement of Mukesh recorded under Section 161 of Cr.P.C. 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. 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.