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Judgment
This is the first bail application under Section 439 of Cr.P.C. filed by petitioners— Narendra and Manju Yadav in Crime No.33/2020 registered at Police Station —Neemuch City, District—Neemuch under Section 304-B, 34 of IPC.
Petitioners are brother and sister-in-laws of father-in-law of the deceased, who committed suicide within less than two years of marriage. Parents Laxman and Shyamadevi, brothers Nitesh and Durgesh and cousins Nidhi and Pooja have made allegation of demand of dowry and cruelty against the petitioners alongwith the parents-in-law and husband of the deceased, but during investigation, the police have recovered two mobile conversations. In these lengthy transcripts, there is no specific allegation against the petitioners. There is no other evidence except the police statements of the witnesses to support to the allegation of the prosecution.
Bail is pleaded by the petitioners on the ground that there was a partition between the petitioner No.1 and his real brother. They both were residing on the separate floors of the same house since years and were not interfering in family affairs of each other, therefore, they be granted bail.
Learned Counsel for the objector submitted that certain allegations have been made by the parents, brothers and sisters of demand of dowry and that for non fulfillment of demand of Rs.5 lakhs, the deceased was subjected to cruelty by her parents-in-law and the petitioners. The death occurred within less than two years of marriage. The deceased was compelled to commit suicide due to harassment extended by the petitioners, therefore, bail be not granted.
After going through the lengthy transcripts, this Court finds that the case for granting bail is made out, therefore, without commenting on merits of the case, the application is allowed.
It is directed that the petitioners Narendra S/o Shri Ganpat Ji Yadav and Manju Yadav W/o Shri Narendra Yadav be released from custody on their furnishing a personal bond in the sum of Rs.30,000/-(Rupees Thirty Thousand Only) each with separate sureties to the satisfaction of the Trial Court for their appearance before the Trial Court as and when required further subject to the following conditions :-
(I) The petitioners shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;
(ii) The petitioners shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;
(iii) The petitioners shall not commit any offence or involve in any criminal activity;
(iv) In case of their involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.