O R D E R

1. As declared by the applicant, this is the first application filed under section 439 of the Cr.P.C. for grant of bail.

2. At the outset, learned counsel for the applicant claimed parity with the co-accused persons who have been granted bail by order dated 17/12/2020, passed in M.Cr.C. No.45071/2020. The order dated 17/12/2020 reads as under :-

“This repeat (second) application under Section 439 of Criminal

Procedure Code, 1973 has been filed by the applicants, who are implicated in connection with Crime No.266/2020, registered at Police Station Bhojpur, District Rajgarh, concerning offence under Sections 304-B, 498-A, 34 of IPC, 1860. Earlier application was dismissed as withdrawn vide order dated

23/10/2020 passed in M.Cr.C. No.35988/2020.

A s per prosecution story, on 16/08/2020 complainant

Lalsingh, father of the deceased lodged a complaint that his daughter Seemabai committed suicide by drowning into well.

Learned counsel for the applicants has submitted that the applicants are innocent and they have been falsely implicated in the present crime. It is further submitted that applicant No.1-Soram Bai is mother-in-law and applicant No.2-Shav Singh is father-in-law of the deceased. The marriage of the deceased was solomenized with their son

Pappu in the year 2014 and after the marriage the applicants neither demanded any sort of dowry nor they tortured the deceased, therefore, no complaint has been made against the applicants regarding demand of dowry or harassment during the aforesaid period. It is also submitted that from the spot map it appears that the deceased went to the well for fetching water and accidentally she fell into the well due to which she died. As per the postmortem report no external or internal injuries were found in the person of the deceased. Further submission is that when the 'lash panchnama' of the deceased was prepared at that time, the parents of the deceased were also present, however, they have not made any complaint to Police that the deceased has committed suicide due to the harassment given by the applicants. Only general and omnibus allegation has been made by the parents of the deceased that the applicants demanded dowry and ill-treated the deceased due to which she committed suicide. The applicants are in custody since 07/09/2020. Investigation is over and charge-sheet has been filed. Conclusion of trial will take considerable time. Under these circumstances, learned counsel for the applicants prays for grant of bail to the applicants.

Learned Panel Lawyer for the State submits that no sufficient ground is made out for releasing the applicants on bail, hence the application filed by the applicants be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.

3. Learned Panel Lawyer for the non-applicant/State objected the parity stating that the bail was granted vide aforesaid order to the parents-in-law whereas, the applicant is the husband of the deceased. The parents and other witnesses have made allegation against the applicant that he used to harass and ill-treat the deceased and perturbed his behaviour she committed suicide by jumping into the well.

4. Learned counsel for the applicant referred to the Crime Details Form(S