Satendra Singh Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 4538 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 15961/2022
  (SATENDRA SINGH KUSHWAH Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 30/03/2022

      Shri Prem Singh Bhadoriya, Counsel for applicant.

      Shri A.K. Nirankari, Counsel for State.

      Case diary is available.

      This is third application filed under Section 439 of Cr.P.C. for

grant of bail. The second application was dismissed by order dated

13.12.2021 passed in M.Cr.C. No.59863/2021 as withdrawn.

      The applicant has been arrested on 27.08.2021 in connection

with Crime No.355/2021 registered by Police Station - Madhoganj,

District Gwalior for offence punishable under Sections 304-B, 498-A

of IPC.

      It is submitted by the Counsel for applicant that applicant was

married to the deceased on 26.04.2016 and she committed suicide by

hanging on 09.08.2021. The allegations are that applicant was

harassing and treating the deceased with cruelty on account of non-

fulfillment of demand of a motorcycle and an amount of Rs.50,000/-.

The deceased died near about after five and a half years of her

marriage. The applicant is in jail from 27.08.2021 i.e. seven months.

The applicant is the sole accused and he has to look-after his one year

old girl baby. The trial is likely to take sufficiently long time and there

is no possibility of his absconding or tampering with prosecution case.

      Per contra, the application is opposed by the Counsel for the

respondent/State.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 15961/2022 (SATENDRA SINGH KUSHWAH Vs THE STATE OF MADHYA PRADESH)

Heard the learned counsel for the parties.

Considering the fact that the deceased died about after five and

a half year of her marriage and applicant is in jail for seven months

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 2022.03.30 18:38:45 +05'30'