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Judgment
Learned counsel for the rival parties are heard.
The petitioner has filed this second repeat application u/S. 439 of Cr.P.C. for grant of bail after rejection of earlier one (Mcrc.24331/2019) vide order
dated 28.06.2019 on merits with liberty to come again after examination of main prosecution witnesses.
The petitioner has been arrested on 20.02.2019 by Police Station Bagchini, District Morena (M.P.) in connection with Crime No.29/2019 registered in
relation to the offences punishable u/Ss.302, 201, 34 IPC and under Section 3/4 Dowry Prohibition Act.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the
material available on record, no case for grant of bail is made out.
Petitioner is alleged with dowry death.
New ground raised herein is that Naresh Singh Bhadoriya (PW-1), Rakesh Singh Bhadoriya (PW-2), Raghvendra Bhadoriya (PW-3), Shivcharan
Singh Tomar (PW-4) and Lalji Singh Bhadoriya (PW-5) have been examined recently on 08.02.2020 and 29.02.2020 and it is not disputed by learned
counsel for the State that no other witness is left to be examined; therefore, release would not be at the risk of influencing the prosecution case.
Considering the the above and that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is anathema to the concept of
liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is though inclined to extend the
benefit of bail to the petitioner but with certain stringent conditions in view of seriousness of offence.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties each of Rs. 25,000/-to the satisfaction of the
concerned Trial Court.
This order will remain operative subject to compliance of the following conditions by the petitioner :-
The petitioner will comply with all the terms and conditions of the bond executed by him;
The petitioner will cooperate in the investigation/trial, as the case may be;
The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
The petitioner shall not commit an offence similar to the offence of which he is accused;
The petitioner will not seek unnecessary adjournments during the trial; and
The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
The petitioner shall mark his presence before the trial court once every fortnight till conclusion of trial.
Copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.