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Judgment
Sanjay Dwivedi, J
This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicants for grant of bail in connection with
Crime No.5/2021 registered at Police Station Barhi, Katni, for the offence punishable under Sections 304-B and 498-A/34 of the Indian Penal Code
and Section 3/4 of the Dowry Prohibition Act.
Learned counsel for the applicants submits that the applicants are in jail since 03.01.2021. She further submits that in view of the dying declaration
recorded, there is no allegation for demand of dowry, but it was a simple fight between the husband and wife and out of the same, the wife committed
suicide. She submits that considering the custody period of the applicants and also the fact that the charge-sheet has already been filed, the applicants
may be enlarged on bail.
On the other hand, learned Panel Lawyer opposes the prayer made be learned counsel for the applicants and submits that looking to the allegations
made by the prosecutrix during the course of recording the dying declaration, applicant No.2 at least is not entitled to be released on bail.
Considering the aforesaid, without commenting anything on the merits of the case, I am inclined to consider and allow this bail application.
Accordingly, the same is allowed.
It is directed that the applicants be released on bail on their furnishing a personal bond 'each' in the sum of Rs.50,000/- (Rupees Fifty Thousand) with a
solvent surety 'each' of like amount to the satisfaction of Court concerned.
It is further directed that the applicants shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that before their release, the applicants are examined by the jail doctor to ascertain that they are not
afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicants shall be referred to the appropriate hospital for further
management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicants can be released, then theys
shall be released.
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