Full Judgment
M.Cr.C.No.8648/2012 6/08/2012 Shri B.J.Chourasiya, learned counsel for the applicant.
Shri C.K.Mishra, P.P.for the respondent/State.
Heard finally.
This is the fiRs.bail application filed by applicant under Section 439 of the Cr.P.C for grant of bail.
The applicant has been arrested on 20/05/12 in connection with Crime No.17/12 registered at P.S.Prakash Bamhauri, District Chhatarpur for the offence punishable under section 304-B/34 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case.
He is father-in-law of deceased Pushpa Bai.
It is further submitted that this applicant has strand relationship with his son Rampal, husband of deceased Pushpa Bai and in support of his submission, he filed Annexure P-2 , copy of complaint lodged against Rampal on 17/01/11 therefore, he could not be involved in the said offence.
It is submitted that statement of witness Akhilesh was recorded after the long delay and if deceased Pushpa made an oral dying declaration before Akhilesh then he could have inform the police.
Charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant.
Learned counsel for the State opposes the application.
Considering the overall facts and circumstances of the case alongwith the nature of allegation made against the applicant, I am of the considered view that it is a fit case to release him on bail.
Therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant Govind shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rs.Forty Thousand only) with one surety in the like amount to the satisfaction of Committal Court/trial Court, for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.SOLANKI) Judge navin