KAPTAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No. 135 of 2022 registered at Police Station Sarai Chhola, District Morena (M.P.) for the offence under Ss. 304 (B), 498 (A)/34 of IPC and Sec. 3/4 of Dowry Prohibition Act. Allegations against the applicant/accused is that he along with co-accused persons caused cruelty upon the deceased Pooja for demand of dowry. Due to non-fulfillment of their demand, she committed suicide within seven years of her marriage.

(2.) Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. Material prosecution witnesses Veer Singh (PW-1), who is father of the deceased, and Sarfi (PW-2), who is mother of the deceased, have already been examined, however, they have not supported the prosecution case and turned hostile. Further argument is that the applicant is under custody since 6/10/2022. Trial is likely to take long time to conclude. The applicant is permanent resident of District Morena (M.P.), therefore, there is no likelihood of his absconsion or tampering with the prosecution evidence, if released on bail. It is further argued that co-accused Smt. Kailashi has already been granted bail by this Court by order dtd. 16/6/2023 passed in MCRC No. 24885 of 2023 and case of the present applicant is on similar footings with co-accused Kailashi. On these grounds, he prays for grant of bail to the applicant. On the other hand, learned State counsel vehemently opposed the application and prayed for its rejection.

(3.) Heard learned counsel for the rival parties and perused the case diary available on record. Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand only) with one local solvent surety in the like amount to the satisfaction of the trial Court/committal Court.