Madhya Pradesh High Court
Balram vs The Satate Of Madhya Pradesh on 6 July, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 MCRC-30687-2021
The High Court Of Madhya Pradesh
MCRC-30687-2021
(BALRAM Vs THE SATATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 06-07-2021
Heard through Video Conferencing.
Mr.Sandeep Mishra, learned counsel for the applicant.
Ms.Shikha Baghel, leaned P.L. for the respondent/State.
This is first application under section 439 of Cr.P.C. for grnat of regular bail on behalf of the applicant who has been arrested in connection with Crime No.287/2021 registered at Police Station, Pathariya, District Damoh for offences under sections 306 & 498-A of the Indian Penal Code.
As per prosecution case, the marriage between the applicant and deceased was solemnized around 12 years ago. It is alleged that since the applicant has illicit relations with his sister-in-law ('Bhabhi), therefore, he was physically and mentally torturing the deceased and hence, she committed suicide by consuming poisonous substance in her matrimonial home. Therefore, Police registered aforesaid offence against the applicant.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the crime in question. The applicant is in custody since 31.5.2021. The marriage of the applicant and deceased was solemnized 12 years ago. Due to Covid-19 pandemic the trial would take considerable time to conclude. Therefore, the applicant be released on regular bail.
Learned Panel Lawyer has opposed the prayer for bail. Considering and appreciating the essential factors in respect of sections 107 and 306 of the Indian Penal Code, over all facts and circumstances of the case, lapse of 12 years from the date of marriage, period of custody, trial would take considerable time, without commenting on merits of the case, the application is allowed.
It is directed that applicant - Balram shall be released on bail on his 2 MCRC-30687-2021 furnishing a personal bond in a sum of Rs.35,000/- (Rupees Thirty Five Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.
The application is accordingly allowed.
(SMT. ANJULI PALO) JUDGE RM Signature Not Verified SAN Digitally signed by RAJESH T MAMTANI Date: 2021.07.06 18:26:31 IST