RAKESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the third repeat application u/S.439 Cr.P.C filed by the applicant for grant of bail. First and second bail applications of the applicant were dismissed as withdrawn by the coordinate Bench. Applicant h a s been arrested on 19/8/2021 by Police Station Sirol, District Gwalior (M.P.) in connection with Crime No.158 of 2021 for the offence punishable under Ss. 306, 498-A, 323/34 of IPC further added 302 of IPC. According to prosecution case, on 7/6/2021 at 1:43 am Rakesh gave an information to Police Station Sirol District Gwalior alongwith his cousin Bunty that on 6/6/2021 in the night at 11:20 pm his wife told that she is suffering from headache and went in another room to take medicine. Both sons of the complainant were watching TV. When he went to see his wife, he found that the room was locked from inside. When he peeped through window, he found that his wife was hanging. After breaking open the door, the dead body was brought down. Merg was recorded. Dead body panchnama was prepared. Dead body was sent for postmortem. As per postmortem report, she died due to asphyxia. During merg inquiry, statements of maternal side was recorded in which they alleged that in-laws of deceased used to harass her due to which she committed suicide. During investigation, children of the deceased have stated that accused persons after beating the deceased took her inside the room. Later on after one year, one month and ten days offence was registered. against present applicant and seven others. Offence punishable under Sec. 302 of IPC was enhanced.

(2.) Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the case. Applicant is in custody since 19/8/2021. After investigation, charge-sheet has been filed and therefore, further custodial interrogation of the applicant is no more required. He undertakes to cooperate in trial. Conclusion of trial will take some time. On such premises, counsel for the applicant prayed for bail. Learned counsel for the State opposed the application and prayed for its rejection. Both the Advocates are heard. Case-diary as well as charge sheet perused.

(3.) Looking to the aforesaid facts and circumstances of the case, without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.25,000.00 along with bail bond of Rs.25,000.00 (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000.00 shall be forfeited without giving any notice. Application stands allowed and disposed of. Certified copy as per rules.