CHAND SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this application filed under Section 439 of the Cr. P.C. applicant Chand Singh has moved the application for grant of bail being implicated in Crime No. 236/2012 registered by police stations Pachaur, Rajgarh for offence under Sections 498 -A & 304 -B of the IPC.

(2.) Counsel for the applicant has vehemently urged the fact that it is a case of false implication. Even if the prosecution allegations are considered, Counsel submitted that the present applicant is an uncle -in -law of deceased Reena. Counsel submitted that the disgruntled relatives of deceased have made omnibus statements against all the family members and the major allegation against the husband and other -in -laws. Counsel submitted that there is no specific allegation against the applicant in any of the statement. Moreover, Counsel placed reliance on Preeti Gupta Vs. State of Jharkhand & another ( : 2010 Cri. L.J. 4303) & Kans Raj Vs. State of Punjab and others: : AIR 2000 SC 2324, to state that the Apex Court has deprecated the practice of roping in all the family members in dowry case. Moreover, Counsel prayed for grant of bail since the applicant has been arrested on 29.05.2012.

(3.) ON considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations and placing reliance on Preeti Gupta & Kans Raj (supra), I find that application needs to be allowed in the interest of justice. The application is, therefore, allowed.