MCRC/8801/2011 of VISHAMBHAR DAYAL Vs STATE OF M.P. on 22 December 2011

1 M.Cr.C.No.8801/2011

22/12/2011

Shri S.K. Kapse, Advocate for the applicant.

Ku. Nutan Saxena, Public Prosecutor for the respondent/State.

Heard and perused the case diary.

This is the first application under Section 439 of the Cr.P.C. for grant of bail filed on behalf of the applicant, Vishambhar Dayal.

The applicant has been arrested in Crime No.327/2011 registered at Police Station Huzrat Kotwali, District Gwalior for the offence punishable under Sections 498-A & 304-B of IPC on 09.11.2011.

The prosecution case, in brief, is that the marriage of the Dolly (since deceased) was solemnized with Manish on 26.04.2008. The present applicant, father-in-law of the deceased was also involved in subjecting the deceased to cruelty and harassment with regard to demand of dowry and ultimately she died in her in-laws house under suspicious circumstances.

Learned counsel for the applicant has contended that the applicant is innocent and he has been falsely implicated in the present case. He has been inducted in the case only on the basis of omnibus allegation of the witnesses. The applicant is 75 years old. The co-accused, Kamlesh Shrivastava has been enlarged on bail vide order dated 10.12.2011 passed in M.Cr.C.No. 8249/2011. The case of the present applicant is identical to the case of the co-accused, who has been enlarged on bail by this Court. On these grounds, learned counsel prays for grant of bail.

(ra) 2 M.Cr.C.No.8801/2011

Learned Public Prosecutor has opposed the application and prays for its rejection.

Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, but without expressing any opinion on the merit of the case, I am of the view that the applicant may be enlarged on bail.

Consequently, the application under Section 439 of the Cr.P.C., is hereby allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court, on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., A copy of the order be send to the Court concerned for necessary compliance.

Certified copy as per rules.

(Brij Kishore Dube)

Vacation Judge