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Judgment
B. K. Shrivastava, J
Heard on application filed under section 439 of CrPC on 15.07.2020 on behalf of applicant Dheerendra Kumar, who is confined in custody since
24.06.2020 in connection with Crime No.100/2020, registered at Police Station Gadasarai, District Dindori, under sections 498-A, 304-B, 34of IPC and
3/4 of Dowry Prohibition Act.
It appears that the challan has been filed. The deceased was admitted in the hospital on 28.02.2020 at about 09:00 a.m. Thereafter, she expired on
03.03.2020. The information was sent to the police by the Hospital in which it was stated that the patient admitted after consuming some poisonous
substance. It is true that the applicant is the husband of the deceased. They got married on 03.04.2019. As per the postmortem report, the cause of
death could not ascertain. VISRA was sent for chemical examination. The copy of FSL report has been submitted by the applicant counsel on
06.11.2020 vide document No. 19240/2020. As per the report, no any poisonous substance has been found in the VISRA report. As per arguments
advanced by the applicant's counsel, the death was natural because the deceased was suffering from Cancer.
Therefore, looking to the all circumstances, documents and custody period of the applicant, without commenting on the merits, the application is
allowed. It is directed that the applicant shall be released on bail on his furnishing a bail bond worth Rs.50,000/- (Rupees Fifty Thousand only) and a
personal bond of the same amount to the satisfaction of the trial Court.
A t the time of releasing the applicant from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the
concerned authority.
This application stands allowed.
Certified copy as per rules.