M.Cr.C. No.5241/2010
21/07/2010
Shri Abhishek Arjaria, Advocate for the
applicant.
Shri B.P.Pandey, Public Prosecutor for the
respondent-State.
Heard on IA No.10354/2010, an application for
urgent hearing.
Since the case diary is available, the application
is allowed.
Also heard both the parties.
Case diary of Crime No.887/2009 registered at
Police Station Maihar District Satna for the offence
punishable under Sections 498-A and 304-B of IPC is
perused.
The applicant is arrested on 4/2/2010 for the
aforesaid offence.
Learned counsel for the applicant submits that
the wife of the applicant died due to electric shock
received from high tension line on the terrace of his
house and that was an accident. The parents of the
deceased have made omnibus allegation against the
present applicant and his family members after seven
days of the incident. They cooked the story against the
applicant and his family members. There was no
harassment of the deceased by the present applicant
for demand of dowry. She was never kept in her
parents’ house to show resistance. Since the deceased
died in an unnatural circumstances, her parents are
made allegation against the applicant. He further
submits that this Court vide order dated 23/4/2010 in
M.Cr.C.No.1926/2010 has granted bail to the father
and the mother of the present applicant. Present
applicant is in custody since 4/2/2010. He is a young
youth of 21 years of age and if he is not enlarged on
bail, then his future will be spoiled, therefore he prays
for bail.
Learned public prosecutor for the State opposes
the application mainly on the ground that the
applicant demanded a sum of Rs.1 lakh from the
deceased and the parents of the deceased have
already given him a sum of Rs.50,000/-.
After hearing aforesaid arguments and looking to
the facts and circumstances of the case, without
expressing any view on the merits of the case, I am of
the opinion that this is a fit case in which bail may be
granted to the applicant Dharmendra Kumar Gupta.
Therefore, the application of the present
applicant under Section 439 Cr.P.C is hereby allowed.
He be released on bail on furnishing a bond in sum of
Rs.30,000/- (Rupees thirty thousand) with one surety
bond of the same amount to the satisfaction of the trial
Court, to appear before the trial Court on the dates
given by the concerned Court.
Certified copy as per rules.
(N.K.Gupta)
Judge
Ansari