Vinod Kumar Kirar vs State of M.P.

S.N. Aggarwal, Judge

This is the first application u/s 439 of Cr.P.C. filed by the applicant for his regular bail. The applicant is the husband of the deceased who died an unnatural death by burning after 12-13 years of their marriage. The applicant was earlier booked for offence u/s 306 IPC. The challan was also filed by the prosecution for offence u/s 306 IPC and the appellant was on bail while he was being tried for offence u/s 306 IPC. During pendency of the trial u/s 306 IPC against him, the prosecution moved an application u/s 216 of Cr.P.C. for amendment of charge and on the said application of the prosecution, an alternative charge was framed by the trial Court against the applicant for offence u/s 302 IPC and thereafter he was taken in custody. The applicant is stated to be in custody since 22nd February, 2012. His application for bail filed by him before the trial Court has been rejected by the trial Court vide its order dated 22nd February, 2012, copy of which is at page 6 of the paper-book. Having regard to the fact that the applicant was earlier tried for offence u/s 306 IPC and that he was on bail while facing trial u/s 306 IPC and also having regard to the fact that the wife of the applicant has died an unnatural death by burning after 12-13 years of her marriage, merely because an alternative charge u/s 302 IPC was framed against the applicant on an application of the prosecution u/s 216 of Cr.P.C., this by itself should not have been a ground to reject the plea for bail moved by the applicant before the trial Court. In the opinion of this Court, the applicant has made out a case for his bail and accordingly he is granted bail on his furnishing bail bonds in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court. This application is disposed of accordingly.