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Judgment
Vivek Agarwal, J
This is second bail application filed on behalf of applicant under Section 439 of CrPC in connection with Crime No.480/2021 under Sections 304B, 498A, 34 of IPC and section 3/4 of Dowry Prohibition Act registered at police station Tendukheda, District Narsinghpur (M.P) and applicant is in custody since 01/12/2021. Earlier bail application (M.Cr.C No. 8305/2022) was dismissed as withdrawn vide order dated 16/02/2022.
Learned counsel for the applicant submits that there are bald allegations of beating the deceased Archana with whom marriage of present applicant was solemnized on 11/06/2015. She died on account of consumption of poisonous substance on 21/11/2021, i.e. after 6 1/2 years of marriage.
She was under depression on account of not able to deliver a child. She was treated at Neekhra Hospital, Narsinghpur in the hands of Dr. Kanchan Neekhra, Obstetricians & Gynaecologist.
Applicant was bearing all expenses for her treatment. She was admitted in Metro Multi Speciality Hospital, by the present applicant, where she died on 21/11/2022. There are no injury in the postmortem report on the body of deceased so as to support the allegations of marpeet made by the relative as were recorded on 01/12/2021 after about 10 days of the incident. Applicant is innocent. He was working as B.C Agent at Punjab and National Bank. He is sole breadwinner of the family. Co-accused/Smt Asha Vishwakarma (mother of the applicant) has been released on bail by this Court vide order dated 17/01/2022. Applicant is in custody since 01/12/2021. Trial will take time to conclude. On aforesaid ground prays is made to enlarge applicant on bail.
Learned Panel Lawyer for the State opposes the prayer made by learned counsel for the applicant.
Taking into consideration submissions of learned counsel for the parties and the fact that there are no injury in the postmortem report on the body of deceased, no witness has been examined till date, applicant is in custody since 01/12/2021 and trial will take time to conclude. Hence without commenting anything on merits of the case, this bail application is allowed. It is directed that applicant Dinesh Vishwakarma be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- with two solvent sureties in the like amount to the satisfaction of the learned Trial Court. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
In above term, this bail application is disposed of.
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