The completion of investigation and filing of the charge-sheet, along with the undertaking of the applicant to cooperate in trial, are crucial factors in considering a bail application.

JUDGMENT

Deepak Kumar agarwal, J. - This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant is in custody since 28.2.2022 in connection with Crime No.21/2021 by Police Station Utila, District Gwalior (MP) for the offence punishable under Sections 306, 34 of IPC.

In brief the prosecution case is that on 15.2.2021 from Prime Hospital, City Center, Gwalior, an information has been sent to Police Station, University, that deceased Mamta Gurjar wife of present applicant died due to strangulation during treatment. On this information, Merg No.31/2021 was registered at police Station, University. Dead-body Panchnama was prepared. Dead-body was sent for postmortem. as per postmortem, she died due to asphyxia as a result of ante-mortem hanging. Merg was transferred to police Station Utila where Merg No.33/2021 was registered. Merg was enquired. During Merg enquiry, statements of father of the deceased Siyaram, brother Dushyant Singh, mother Kalawati and Dileep Singh Gurjar were recorded. They stated that marriage of the deceased was solemnized with present applicant 14 years ago. Out of the wedlock, one son Nandu was born. On 14.2.2021 deceased telephoned her mother, father and brother that her husband, father-in-law, Jethani and Jeth are harassing her. Dushyant Singh went to her maternal house and had a talk with her in-laws. They assured that henceforth she will be kept well. Next day, on 15.2.2021 information came that she died in Prime Hospital. after enquiry, Crime for the aforesaid offence was registered. applicant was arrested on 28.2.2022. Charge-sheet has been filed against present applicant and investigation in regard to other accused is pending under Section 173(8) of Cr.P.C.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 28.2.2022. Investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Certified copy as per rules.