Judgment:
M.Cr.C.No.17290 of 2013 03.02.2014 Shri Vishnath Gupta, learned counsel for the applicant.
Shri Ved Prakash Tiwari, learned PL for respondent-State.
Heard.
On behalf of the applicant, this petition is preferred under Section 439 of Cr.P.C for grant of bail as he is in custody since 26.10.2013 in connection of Crime No.810/13, registered against him and other Co.accused at Police Station Beohari, district Shahdol for the offence punishable under Sections 498-A, 304-B / 34 of IPC.
The applicant's counsel after taking me through the impugned order as well as other papers available on record argued that as per case of the prosecution the deceased was not permitted by the applicant and other family members to go back to her parental family with her brother and due to that reason she has committed suicide and on that ground the prosecution could not draw inference that the applicant has committed offence under Section 498-A of IPC.
There is omnibus interrogatory statements of the witnesses of the parental family of the deceased and in such premises, the other co-accused, father and mother of the applicant situated in the similar circumstances have been directed to be released on bail long before and in such premises, prayed for grant of bail on merits as well as on parity.
On the other hand, the aforesaid prayer is opposed by the State's counsel with the assistance of the case diary saying that besides the aforesaid reason the prosecution has also stated in the Police report that the deceased was subject to cruelty by the applicant in the matrimonial home on account of demand of dowry that is why she committed suicide within one and half years from the date of marriage with the applicant and in such premises, the applicant being husband of the deceased is more responsible and is not entitled to extend the benefit of bail.
Having heard the counsel, keeping in view his arguments advanced after perusing the case diary keeping in view the aforesaid circumstance that the deceased was refused to go with her brother to her parental home, so also the circumstance that similarly situated Co.accused have been directed to be released on bail without expressing any opinion on merits of the matter, this petition is allowed and it is further directed that on furnishing a personal bond of Rs.40,000- (Rs.forty thousand) alongwith one surety of the like amount to the satisfaction of the trial court, the applicant Satyendra Yadav shall be released on bail with a direction to appear on each and every date of hearing before the trial court.
His single non appearance before the trial court shall lead to automatic dismissal of this bail order.
C c as per rules.
( U.C.Maheshwari ) Judge bks