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Judgment
Anjuli Palo, J
This is second application under section 439 of Cr.P.C. for grant of bail filed on behalf of applicant. His earlier bail application bearing M.Cr.C. No.23831/2021 was dismissed as withdrawn vide order dated 21.05.2021.
The applicant is in custody since 05.01.2021 in connection with Crime No.595/2020 registered at Police Station - Chhapara District- Seoni (M.P.) for offences punishable under Sections 302, 201, 120-B, 304-B read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
As per prosecution case, the marriage of Sayna (deceased) with Sheikh Firoz (brother of the applicant) was solemnised about three years ago. It is alleged that due to cruel treatment and harassment for demand of dowry by the applicant and other co-accused persons, Sanya (deceased) committed suicide on 07.12.2020.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The applicant is brother-in-law of the deceased. The main accused is the husband of the deceased. It is further submitted that co-accused persons namely, Sheikh Babu and Akhtaribi Bee have been enlarged on bail vide order dated 31.03.2021 passed in M.Cr.C. No.9179/2021. The applicant is in custody since 05.01.2021. Therefore, it is prayed that on the ground of parity the applicant may also be released on bail.
Learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail application.
Heard learned counsel for the parties. There is no specific allegation against the applicant. It is alleged that main allegations are against the husband. Considering the facts and circumstances of the case and on the ground of parity, without commenting on the merits of the case, this application is allowed.
It is directed that applicant - Sheikh Afroz be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety, in the like amount to the satisfaction of the concerned trial Court for his appearance on the dates so fixed by that Court during trial. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.
Accordingly, the application is allowed and disposed of.