Madhya Pradesh High Court
MCRC/13174/2016 of SUBHASH RATHORE Vs THE STATE OF MADHYA PRADESH on 29 December 2016
Vs THE STATE OF MADHYA PRADESH) 29-12-2016 Shri
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MCRC-13174-2016
(SUBHASH RATHOREVs THE STATE OF MADHYA PRADESH)
29-12-2016
Shri A.K. Saxena, learned counsel for the applicant.
Ms. Mamta Shandilya, learned counsel for therespondent/State.
This is first bail application under Section 439 of theCode of Criminal Procedure for grant of bail.
The present applicant was arrested by the Police Station- Sarangpur, District-Rajgarh in Crime No.572/2016 underSections 304-B and 498-A of IPC.
According to the prosecution story, she was married to the present applicant in the year 2003, thereafter, there was an allegation of cruelty of maltreatment to thedeceased by the present applicant under influence ofliquor.
Learned counsel for the applicant submits that theoffence under Section 304-B is not made out as marriagetook place in the year 2003 which is more than sevenyear. He further submits that there is also no allegationof demand of dowry.
Learned counsel for the state opposes the bailapplication.
After going through the case diary and taking intoconsideration all the facts and circumstances of the case,without commenting on the merits of the case, I am of theview that it is a fit case for grant of bail. The applicationfiled under section 439 of the Cr.P.C. is allowed.
It is directed that the applicant shall be released on bailon his furnishing a personal bond of Rs.50,000/- (Rs.Fifty Thousand only) and one solvent surety of the likeamount to the satisfaction of the concerned Magistratefor his appearance on all the dates of hearing as may bedirected in this regard during trial.He isfurther directed that on being so released on bail,he would comply with the conditions enumerated undersection 437(3) Cr.P.C. meticulously.Certified copy as per rules.
(ALOK VERMA)JUDGE