Madhya Pradesh High Court
Satyapal Singh vs The State Of Madhya Pradesh on 3 July, 2015
1 Mcrc.5041.2015
Satyapal Singh & Another Vs. State of M.P.
03.07.2015
Shri Pradeep Katare, Advocate, for applicants-
Satyapal Singh & Shivkumar Singh.
Shri Praveen Newaskar, Public Prosecutor, for the
respondent/State.
Arguments heard.
Perused the case-diary.
This is first bail application preferred under Section 439 of Cr.P.C. by the applicants.
Applicants have been arrested on 16.05.2015 in connection with Crime No.02/2015 registered at P.S. Endori, District Bhind (M.P.) for commission of offence punishable under Sections 306, 34 of IPC.
As per prosecution case, incident occurred on 17.12.2014 when Smt. Poonam committed suicide by hanging. Her marriage was solemnized on 27.06.2007 i.e. seven years prior to the date of incident.
Prayer for bail was made on the ground that charge- sheet has already been filed. The husband of the deceased, namely, Ajeet Singh has already been enlarged on bail under Section 167 Cr.P.C. and apart that one criminal case No.123/2011 was registered against the husband Ajeet Singh and mother in law Munni Devi for the offence under Sections 498A, 323, 294 and 506B/34 of IPC in which both were acquitted on 11.06.2012. The certified copy of the order has been placed on record by the applicant's learned counsel during the course of arguments. It is also submitted 2 Mcrc.5041.2015 Satyapal Singh & Another Vs. State of M.P. by the learned counsel for the applicant that some omnibus allegations have been levelled against the applicants who are the brothers-in-law (Devar) and they are in jail for the last one and a half months. On these premised submissions, learned counsel for the applicants submits that the applicants may be enlarged on bail.
Per contra, prayer for bail has been opposed by the learned Public Prosecutor appearing on behalf of the State. It is submitted that on perusal of the statement of Ranveer Singh Bhadoriya, father of the deceased, it seems that during her marital life she was subjected to cruelty and was beaten by the applicants and other co-accused.
After taking into consideration the facts and circumstances of the case and the statement of father of the deceased, without expressing any opinion on the merits, application is allowed. It is directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a condition that they shall remain present before the court concerned during trial and shall also comply with the conditions enumerated in Section 437(3) of Cr.P.C.
Certified copy as per rules.
(B.D. Rathi) Judge pd