Shibbu @ Sahab Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 106 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.64522/2021
             Shibbu @ Sahab Singh vs. State of M.P.

Gwalior, Dated : 03/01/2022

      Shri Sheeshu Yadav, Counsel for the applicant.

      Shri     Rajeev   Upadhyay,      Public    Prosecutor    for   the

respondent/State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed

for grant of bail.

The applicant has been arrested on 26.07.2021 in connection

with Crime No.116/2021 registered at Police Station Badoni, District

Datia for offence under Sections 304B, 498A, 34 of IPC and under

Section 3/4 of Dowry Prohibition Act.

It is submitted by the counsel for the applicant that according to

the prosecution case, the applicant is elder brother-in-law (Jeth)of the

deceased. The deceased was married on 29.12.2020 and she

committed suicide by hanging on 12.7.2021. By referring to the

statements of the parents of the deceased, it is submitted that both of

them have specifically stated the deceased was kept properly for the

first four to five months and thereafter on one day the deceased

informed her father on phone that her husband and father-in-law are

demanding Rs.50,000/- and a motorcycle and he was also informed

that when the deceased refused to fulfill their demand on the ground

of poor financial condition of her father, then she was beaten by all her

in-laws including the present applicant. It is further submitted that

THE HIGH COURT OF MADHYA PRADESH MCRC No.64522/2021 Shibbu @ Sahab Singh vs. State of M.P.

nowadays a general tendency is increasing to falsely implicate the near

and dear relative of the husband. The applicant is in jail from

26.7.2021 i.e. more than five months. 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 the

counsel for the State.

Considering the facts and circumstances of the case, 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 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 and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge (alok)

ARUN KUMAR MISHRA 2022.01.03 14:39:04 +05'30'