Madhya Pradesh High Court
Hariram Verma Alias Santu vs The State Of M.P. on 5 October, 2020
Author: Jagdish Prasad Gupta
Bench: Jagdish Prasad Gupta
1 MCRC-34199-2020
The High Court Of Madhya Pradesh
MCRC-34199-2020
(HARIRAM VERMA ALIAS SANTU Vs THE STATE OF M.P.)
1
Jabalpur, Dated : 05-10-2020
Heard through Video Conferencing.
Shri Abhishek Singh, learned counsel for the applicant.
Shri Vinod Mishra, learned P.L., for the respondent/State.
Heard the matter through video conferencing.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 8.3.2020 in connection with Crime No. 159/2020 registered at p0lice station Kotwali, District Panna for the offence punishable under Sections 304-B, 498-A of IPC and Section 3/4 of Dowry Act.
Allegation against the applicant is that being a husband, caused dowry death of deceased within 7 years of marriage.
It is submitted that the applicant is innocent. He is in custody since 8.3.2020. Trial is still pending and due to Covid-19 Pandemic, now regular trial is not going on. In this case deceased has given dying declaration initially during the treatment. She has not made any allegation against the applicant. In the circumstances, prosecution story is false. There is no likelihood of his absconding or tempering with the witnesses. Hence, he be enlarged on bail.
Learned P.L., opposed the application and prayed for its rejection.
Having considered the contentions of learned counsel for the parties, dying declaration of the of the deceased, without commenting anything on the merits of the case, in view of this court, it is a fit case to grant bail. Hence, this application is allowed. Applicant Hariram Verma is directed to be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- with a solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial Court on the dates so fixed by that Court during trial. It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C.
Certified copy as per rules.
(J. P. GUPTA) JUDGE vkv /-
Signature SAN Not Verified Digitally signed by VINAY KUMAR VERMA Date: 2020.10.05 14:48:39 IST