Madhya Pradesh High Court
Mithlesh vs The State Of Madhya Pradesh on 19 December, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 47607/2018
(Mithlesh Vs. State of M.P.)
1
Jabalpur, Dated: 19.12.2018
Shri A.D. Mishra, learned counsel for the applicant.
Shri Deependra Mishra, learned Govt. Advocate for the
respondent/State.
Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant in connection with Crime No.326/2018 registered by Police Station Dehat, District Chhindwara for offences punishable under Sections 498-A and 304-B of the IPC and Section 3/4 of Dowry Prohibition Act.
As per the case of the prosecution, applicant, who is husband of the deceased Vandana, used to torture and pressurize her for demanding money from her parents. As a result of which, being annoyed deceased Vandana went to her maternal house, where after seven days she has committed suicide by hanging herself. On that basis, an FIR was registered against the applicant under aforementioned Sections.
Learned counsel for the applicant submitted that the applicant has not committed any offence. He is innocent and has falsely been implicated in the crime under the pressure of family members of the deceased. It is further submitted that the applicant is in judicial custody since 04.10.2018 and c onclusion of the trial will take considerable time, therefore , it has been prayed that the applicant be released on bail.
Learned Government Advocate for the respondent/State on the other hand has opposed the application.
Keeping in view the facts and circumstances of the case, particularly, the fact as pointed out by the learned counsel for the applicant and looking to the period of detention of the applicant, in the opinion of this Court, it is a fit case to enlarge the applicant on bail.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 47607/2018 (Mithlesh Vs. State of M.P.) 2 Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant Mithlesh , stands allowed.
It is directed that the applicant shall be released on bail on 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 for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
Certified copy as per rules.
(Vishnu Pratap Singh Chauhan) Judge pnm Digitally signed by POONAM LONDHE Date: 2018.12.20 03:15:50 -08'00'