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Madhya Pradesh High Court

Mahendra Singh Yadav @ Gabbar vs State Of Mp on 4 August, 2020

Author: Anjuli Palo

Bench: Anjuli Palo

                                   1                           MCRC-24149-2020
        The High Court Of Madhya Pradesh
                  MCRC-24149-2020
                  (MAHENDRA SINGH YADAV @ GABBAR Vs STATE OF MP)


Jabalpur, Dated : 04-08-2020
       Heard through Video Conferencing.

       Shri D.K.Jain, counsel for the applicant.
       Shri D.K. Gangrade, Panel Lawyer for the respondent/State.

Heard.

This is first application filed by the applicant under section 439 of the Code of Criminal Procedure for grant of regular bail.

The applicant is in custody since 5.6.2020 in connection with Crime No.111/2020 registered at Police Station, Obedullaganj, District Raisen for offences under sections 304- B, 498-A & 34 of the Indian Penal Code.

Learned counsel for the applicant submitted that the applicant is the husband of the deceased. It is also submitted that the deceased died in her own parental house. There is no suicidal note of the applicant. The deceased did not make any complaint regarding demand of dowry before her death. The applicant has no criminal record. Co-accused Ramesh Yadav has already been enlarged bail by this Court vide order dated 26.6.2020 passed in M.Cr.C. No. 18980/2020. In view of the aforesaid prayer is made to enlarge the applicant on bail.

Learned Panel Lawyer for the respondent/State has strongly opposed the prayer for bail.

Looking to the overall facts and circumstances of the case and considering that trial would take long time, I find it a fit case to enlarge the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.

Accordingly, it is directed that applicant- Mahendra Singh Yadav @ Gabbar be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the 2 MCRC-24149-2020 concerned Court on all the dates of hearing fixed in this behalf by the Court concerned during trial. This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bonds executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not seek unnecessary adjournments during trial.

Disposed of accordingly.

(SMT. ANJULI PALO) JUDGE PB Digitally signed by PRADYUMNA BARVE Date: 2020.08.04 14:36:52 +05'30'