Full Judgment
M.Cr.C.No.7997/2013 20/09/2013 Shri Siddharth Datt, Advocate for the applicant.
Shri C.K.Mishra, GA for the respondent/State.
Heard finally.
This is the second application filed by applicant under Section 439 of the Cr.P.C for grant of bail.
The fiRs.application was dismissed as withdrawn vide order dated 29/11/12.
Applicant has been arrested on 28/03/12 in connection with Crime No.67/12 registered at P.S.Lavkush Nagar, District Chhatarpur for the offence punishable under sections 304-B, 498-A, 201 read with section 34 of IPC and section 3/ 4 of the Dowry Prohibition Act.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case.
It is further submitted that after dismissal of fiRs.application statement of Maheshwardeen Patel, father of deceased has been recorded.
He was unable to depose the exact date of marriage of the deceased.
He further admitted that Gauna of her daughter/deceased was performed after three years of the marriage and she died after 3-4 years of her Gauna thus, the deceased was died more than 7 years of the marriage.
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 statement of Maheshwardeen Patel, I am of the considered view that it is a fit case to release the applicant on bail.
Therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant Rambaran shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rs.Thirty 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