The main legal point established in the judgment is that bail may be granted during trial when there is a lack of material indicating the commission of the alleged offence and when specific allegations are not substantiated.

JUDGMENT

Rajendra Kumar Verma, J. - This is an application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial.

The applicant is facing trial in connection with Crime No.351/2021, registered at Police Station-Palsood, District-Barwani, concerning offence under Sections 306/34 of IPC, 1860. The applicant is in jail since 31/10/2021. a s per prosecution story on 24/10/2021 deceased Kiran committed suicide by hanging herself.

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the matter. The applicant and the deceased were married for twelve years and in that period no complaint was made by the deceased to anyone stating that she is being harassed by the accused persons. It is further submitted that there is no iota of material to indicate that at any point of time the applicant abetted the deceased to commit suicide. No offence under Section 306 of IPC is made out since necessary ingredients of Section 107 of IPC are not fulfilled. Only omnibus and general allegations have been levelled against the applicant. Co-accused Madan and Leelubai have already been enlarged on bail vide orders dated 22/12/2021 passed in M.Cr.C. Nos.61883/2021 and 61884/2021. The applicant is in custody since 31/10/2021, investigation is over, charge sheet has been filed and conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned Panel lawyer has opposed the application by submitting that the applicant is husband of the deceased and brother of the deceased has made specific allegations against the present applicant hence he prayed for its rejection.

Considering the overall facts and circumstances of the case, the submissions made by learned counsel for the parties and on a perusal of the material available on record including the case diary so also to the fact that the applicant and deceased were married for twelve years and no complaint was made by the deceased to anyone regarding the harassment met out by her in her matrimonial house this Court is inclined to grant bail to the applicant.

Accordingly, without commenting on the merits of the case, this application is allowed. It is directed that the applicant/accused be released on bail on his/her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of the trial court for securing his/her presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the precondition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.