Citation : 2021 Latest Caselaw 8408 MP
Judgement Date : 7 December, 2021
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 57150/2021
(SUNEEL SINGH Vs STATE OF MADHYA PRADESH)
Gwalior, Dated : 07/12/2021
Shri Anand Purohit, Counsel for the applicant.
Shri Nitin Goyal, Counsel for State.
Case diary is available.
This is second application filed under Section 439 of Cr.P.C.
for grant of bail. The first application was dismissed by order dated
23.08.2021
passed in M.Cr.C. No.39624/2021 as withdrawn.
The applicant has been arrested on 22.10.2020 in connection
with Crime No.86/2020 registered by Police Station Amayan, District
Bhind for offence punishable under Sections 304-B, 498-A/34 of IPC
and Section 3/4 of Dowry Prohibition Act.
It is submitted by the Counsel for the applicant that the
applicant is husband of the deceased and all the four material
prosecution witnesses i.e. father, mother and uncles of the deceased
have been examined and none of them have supported the
prosecution case and at present there is no substantive evidence
against the applicant. The Trial is likely to take sufficiently long time
and there is no possibility of his absconding or tampering with the
prosecution case.
Per contra, the application is vehemently opposed by Counsel
for the State. However, after going through the police case diary, it
was fairly conceded by Shri Goyal that all the four material witnesses
THE HIGH COURT OF MADHYA PRADESH MCRC No. 57150/2021 (SUNEEL SINGH Vs STATE OF MADHYA PRADESH)
have been examined.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case and
without commenting on the merits of the case, the application is
allowed. It is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One
Lac Only) with one surety in the like amount to the satisfaction of the
Trial Court/Committal Court to appear before the Court on the dates
given by the concerned Court.
This order shall remain effective till the end of the trial but in
case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
Certified copy as per rule.
(G.S. Ahluwalia) Judge
Aman
AMAN TIWARI 2021.12.07 16:53:51 +05'30'
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