Madhya Pradesh High Court
Rajkumar Sahu vs The State Of Madhya Pradesh on 15 June, 2017
MCRC-7519-2017
(RAJKUMAR SAHU Vs THE STATE OF MADHYA PRADESH)
15-06-2017
Shri Pradeep Singh Chouhan, counsel for the petitioner.
Shri Vijay Soni, Panel Lawyer for the respondent/State.
Heard on this second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Rajkumar @ Lallu Sahu in crime no.250/13 registered by P.S.-Morva Singrauli under Section 498-A, 304-B of the IPC and ¾ of the Dowry Prohibition Act. The first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Rajkumar @ Lallu Sahu was dismissed by this Court by order dated 21.02.2017 passed in M.Cr.C. No.1985/2017 for want of prosecution.
As per the prosecution case, the petitioner had married the prosecutrix in the year, 2011. After her marriage, petitioner used to demand a cycle and a watch in dowry. Since, his demand was not fulfilled, he used to harass and beat the deceased. As a result, she committed suicide by consuming insecticide on 6.8.2013. Learned counsel for the petitioner submits that the petitioner has been in custody since 16.8.2013. During past four years only one witness i.e. the father of the petitioner has been examined by the trial court; as such, the trial would take a long time. It has further been submitted that no external injury was found on the person of the deceased in the post-mortem examination. The demand for dowry was rather trivial in nature; therefore, petitioner deserves to be released on bail. Learned Panel Lawyer for the respondent/State on the other hand has opposed the bail application. However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for petitioner, specially the fact that the petitioner has been in custody since 16.08.2013, in the opinion of this Court, petitioner deserves to be released on bail.
Consequently, this first application under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Rajkumar @ Lallu Sahu is allowed. It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with one solvent surety in the same 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.
(C V SIRPURKAR) JUDGE