MCRC/25889/2017 of SHANKARSINGH Vs THE STATE OF MADHYA PRADESH on 28 December 2017

O R D E R

THIS is first bail application under Section 439of the Code of Criminal Procedure for grant of bail. Theapplicant is in custody in connection with CrimeNo.63/2017 registered at Police Station Sorwa, DistrictAlirajpur for the offences punishable under Sections 304-B,498-A and 34 of IPC.

As per the prosecution story Smt. Shilpa w/oKaliya aged about 21 years has committed suicide byhanging herself. A complaint was lodged by the father andmother of the deceased. As per the complaint, the marriagebetween deceased and Kaliya took place two and half yearsbeck and after six months of the marriage, her husband andthe present applicant, who is uncle of Kaliya, starteddoubting on character of the deceased and harassed by herby demanding dowry of eight lacs rupees and because ofwhich she has committed suicide. FIR has been lodgedagainst the husband and the present applicant. By orderdated 17.11.2017 the learned Sessions Court has rejected thebail application.

Learned counsel for the applicant submits thatcompromise has been arrived between the husband and wife on 04.05.2017. The applicant is working as GovernmentTeacher and he has no connection with the offence and hewas living separately.

On the other hand, learned Govt. Advocate forthe Non-applicant/State opposes the prayer by submittingthat all the witnesses have made allegations against him.

I have considered the overall facts and

circumstances of the case, I am of the view that theapplicant has made out a case for granting bail. Thus, theapplication is allowed and it is directed that the applicant bereleased on bail upon his furnishing a personal bond in thesum of Rs.50,000-00 [Fifty Thousand Rupees] with onesurety in the like amount to the satisfaction of the TrialCourt for his appearance as and when directed.

The applicant is directed to attend each hearingof his trial before the Trial Court out of which this bailarises. Any default in attendance in Court would result incancellation of the bail granted by this Court.

Certified copy as per rules.

(AKS)

[ VIVEK RUSIA ]

VAC. JUDGE