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Judgment
Heard on the question of grant of bail.
This is an application made by the applicant (accused) under Section 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.
The applicant is facing trial for offence punishable under Section 304-B, 498A/34 & 302 of IPC registered with Police Station Nalkheda, District
Agar, in Crime No.40/2018.
Learned counsel appearing for the applicant submits that the applicant is father in law of the deceased - Mewa Bai. She further submits that the
incident has taken place on 29.09.2017 and the daughter in law of the applicant had died on 30.09.2017, but the applicant has been implicated on the
basis of the statement of Santosh Bai â€" mother of the deceased and statement of Kalu â€" father of the deceased recorded on 19.01.2018, almost
after four months of the incident. She further submits that the applicant is in custody since 28.02.2018 and that Sanjay, the husband of the deceased is
already in custody.
In reply, learned counsel for the State has opposed the application for grant of bail.
On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for
applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rs. Thirty Five Thousand) with one surety
in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in
cancellation of the bail granted by this Court.
Certified copy as per rules.