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Madhya Pradesh High Court

Narendra Singh Rajawat vs The State Of Madhya Pradesh on 21 August, 2015

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                                         M.Cr.C. No.7424/2015

       (Narendra Singh Rajawat v. State of MP)
21.08.2015
      Shri Dharmendra Rishishwar and Ms. Satya
Rishishwar, Advocates for applicant.
      Shri    RBS     Tomar,     Public     Prosecutor    for
Respondent/State.

Case Diary is perused.

Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested on 28.03.2015 by Police Station Dehat, District Bhind in connection with Crime No.351/2014 registered in relation to the offences punishable u/Ss. 302, 304B, 498A of IPC and Ss. 3 and 4 of Dowry Prohibition Act.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

The allegation against the applicant, who is husband of the deceased, is of dowry demand related cruelty which has led to the deceased dying due to burn injuries. Dying-declaration given by the deceased implicates the mother-in-law as the said dying-declaration does not disclose any allegation against the applicant. Since the other similarly placed co-accused Smt. Manoj, Girraj Singh and Ram Singh have been enlarged on bail on 19.06.2015 in M.Cr.Cs.3542/15, 4162/15 and 4136/15 respectively, there is no reason to take a different view as taken in the said cases.

Considering the said facts and that the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and that there are no criminal antecedents of the applicant and the material placed on record does not disclose possibility of the applicant fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicant, but with certain stringent conditions in view of the applicant being the husband.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two solvent sureties, each of Rs.50,000/-, to the satisfaction of the concerned trial Court.

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 bond 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 commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. Applicant will mark his attendance at the concerned trial Court once every fortnight in view of the applicant being husband.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.

(Sheel Nagu) Judge Mehfooz/-