Madhya Pradesh High Court
Lakhan Singh Rajput vs The State Of Madhya Pradesh Judgement ... on 16 April, 2014
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M. Cr. C. No.2910/14.
16.4.2014.
Shri Vishal Dhagat, learned counsel for the applicant.
Shri Vivek Lakhera, learned PL for the respondent/ State.
State counsel submit that he is under the receipt of case diary. Heard.
This petition is preferred under Section 439 of Cr. P. C. for grant of bail to the applicant, as he is in custody since 1.1.2014 in connection with Crime No.220/13 , registered at Police Station Hindoria, Damoh for the offence punishable under Section 304-B, 498-A of IPC and 3/4 of Dowry Prohibition Act.
The applicant's counsel after taking me through the averments of the petition along with the rejection of order of the Sessions court argued that the applicant has been falsely implicated in the matter while he has not committed any allege act in the life time of his wife the deceased. In continuation he said that there is no distinguishable case against the applicant in comparison of the case of the co- accused Genda Bai, Vineeta and Mohan, who have already been directed to be released on bail and prayed to allow this petition on merits as well as on the ground of parity.
Learned P. L. with the assistance of case submits that although there is omnibus statement of the parents of the deceased but the present applicant being husband of the deceased is more responsible in comparison of the co-accused, who have been released on bail and prayed for dismissal of this petition.
Having heard the counsel at length keeping in view the arguments advanced by the counsel, I have carefully gone through 2 the case diary. After perusing the interrogatory statements of the parents of the deceased along with other collected evidence available in the case diary so also keeping in view that younger brother of the applicant namely Mohan against whom the same allegations are made have been directed to be released on bail on the ground of parity, without expressing any opinion on merits of the matter, this petition is allowed.
It is directed that on furnishing a personal bond of Rs.30,000/- (Rupees thirty thousand), along with one surety of like amount to the satisfaction of the trial Court, applicant Lakhan Singh Rajput shall be released on bail with a direction to appear on each and every date of hearing before the trial court. His single non-appearance before the trial court shall lead to automatic dismissal of this bail order.
C. C. as per rules.
(U. C. Maheshwari) Judge k