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2020 DIGILAW 974 (MP)

Revaram v. State Of Madhya Pradesh

2020-09-30

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this second bail application filed under Section 439 of Cr.P.C. on behalf of the applicant. The first application M.Cr.C. No.24657/2019 was dismissed as withdrawn on 01.07.2019. 2. The applicant is in jail in connection with Crime No.19/2019 registered a t Police Station Adegaon, District Seoni, for commission of offence punishable under Sections 498-A, 304-B, 34 of IPC and section 3/4 of Dowry Prohibition Act. 3. The case of the prosecution, in short, is that, the deceased got married with the applicant on 24.02.2017 and she ended her life by consuming poison on 21.02.2019, i.e. within two years of her marriage. The parents of the deceased stated that the applicant harassed the deceased physically and mentally due to non-fulfillment of demand of dowry and before her death she was subjected to cruelty. 4. Learned counsel for the applicant submits that applicant has falsely been implicated in this case. Statements of Mother, father and other important witnesses, who were relatives of the deceased have been recorded during trial, which are annexed along with this application. It is further submitted that none of the witnesses stated that the deceased before her death was being harassed and subjected to cruelty by the applicant. After investigation charge-sheet has been filed. The applicant is in judicial custody since 17.03.2019 and conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail. 5. Learned Panel Lawyer for the respondent/State, on the other hand, has vehemently opposed the application and prayed to dismiss this application. 6. Heard learned counsel for the parties and perused the statements of witnesses recorded during trial. The mother and father of the prosecutrix have categorically stated before the court that deceased was not harassed by the applicant. They both have turned hostile and not supported the case of the prosecution. Other witnesses have also not supported the case against the applicant. 7. In these circumstances, this court is now inclined to release the applicant on bail. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant- Revaram, stands allowed. 8. Other witnesses have also not supported the case against the applicant. 7. In these circumstances, this court is now inclined to release the applicant on bail. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant- Revaram, stands allowed. 8. It is directed that the applicant shall 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 trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure. 9. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 10. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 11. Certified copy as per rules.