ORDER

01. This is the first application under Section 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime No.359/2022 registered at Police Station Kalidevi, District Jhabua (MP) for offence punishable under Sections 498-A and 306 of the IPC. The applicant is in custody since 26.10.2022.

02. As per the prosecution, the applicant was married to deceased Anita about four years ago. On 14.09.2022 Anita committed suicide along with her two children by consuming a poisonous substance. On her death a marg was registered and statements of witnesses who are family members of deceased were recorded which were to the effect that the applicant used to doubt the character of the deceased and beat her. The other co-accused used to instigate him for the same. The deceased had gone back to her parent's house on few occasions but they had sent her back on assurance by the applicant that he would not repeat his acts in future but despite that he continued to do the same. As a result of the harrasment meted out to the deceased by the applicant, she has committed suicide. On the basis of statements of the witnesses, the applicant has been implicated and arrested for the present offence.

03. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. There is no allegation against him of instigating or abetting the deceased in any manner to commit suicide. The only allegation against him is of doubting the character of the deceased and beating her on that count. It cannot be said that due to acts of the applicant the deceased had no other option but to commit suicide. No allegations whatsoever have been levelled by the family members of the deceased as regard demands of dowry by the applicant. Investigation has been completed and chargesheet has been filed and the applicant is in custody since 26.10.2022 and the trial is likely to take time for its conclusion. On such grounds prayer for grant of bail to the applicant has been made.

04. The aforesaid prayer has been opposed by learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant, he is not entitled to be released on bail.

05. I have heard learned counsel for the parties and have perused the case diary.

06. The allegation against the applicant is of doubting the character of deceased and beating her on that count. There is no allegation against him of making any demands of dowry from her or her family members or instigating or abetting her in any manner to commit suicide. It cannot be said that due to acts of the applicant the deceased had no other option but to commit suicide. Investigation has been completed and charge-sheet has been filed and the applicant is in custody since 26.10.2022 and the trial is likely to take time for its conclusion. Thus, in my opinion, in view of the allegations levelled against the applicant, he deserves to be enlarged on bail.

07. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

08. 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.

(PRANAY VERMA)

JUDGE jyoti