Madhya Pradesh High Court

Rajendra Kol Urf Rajesh Kol vs The State Of Madhya Pradesh on 27 April, 2018

THE HIGH COURT OF MADHYA PRADESH, JABALPUR
M.Cr.C. No.1787/18
Jabalpur, Dated 27.04.2018
Mr. Narendra Nikhare, learned counsel for the
applicant.

Mr. Aseem Dixit, learned Govt. Advocate for the
State.

This application has been filed U/s.439
Cr.P.C
. on
behalf of applicant Rajendra Kol @ Rajesh Kol , in
connection with Crime No.689/2015 registered at Police
Station Beohari, Distt. Shahdol for offences U/s.498-A,
302/34 of
I.P.C
. and U/s.3/4 of
Dowry Prohibition Act
.

The applicant is in judicial custody since 4.10.2015
in the aforesaid case. This is the second application for
grant of bail. The first one having been dismissed vide
order dated 25.7.2016 passed in M.Cr.C. No.3840/16.

The admitted position in this case is that the FIR
has been filed after a delay of 45 days after the death of
the deceased. There are no eye witnesses with regard to
any kind of physical violence being inflicted on the
deceased. The applicant herein is the husband of the
deceased.

Learned counsel for the State while opposing the
application for bail has submitted that the mother and
father of the deceased have stated in their 161 statement
that the applicant along with other accused persons used to
harass the deceased for gold ring, motorcycle and
Rs.50,000/- as dowry and used to inflict physical and
mental torture upon her.

Learned counsel for the State upon being asked
whether the postmortem report reflects any external
injuries has answered in the negative. The cause of death
is shown as hemorrhagic shock on account of rupture of the
spleen.

Looking at the facts and circumstances of the case
and that the witnesses have been examined before the
learned Court below and looking at the nature and manner
by which the deceased died, the application is allowed and
it is directed that the applicant herein shall be enlarged on
bail upon his furnishing a personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety in
the like amount to the satisfaction of the trial Court.

C.C. as per rules.

(Atul Sreedharan)
Judge
a

ASHISH

Digitally signed by ASHISH DATTA

DN: c=IN, o=HIGH COURT OF MADHYA

PRADESH JABALPUR, ou=P S,

postalCode=482008, st=Madhya Pradesh,
2.5.4.20=39687ae2c05d9fbaae8af68cd0db0f2

DATTA
d72ea51435fe1da821e718b7963f8eeba,
2.5.4.45=0321009FFBC4775F25A882B8A6233
418905D27AA9BED4D5486CEF84C16DFB588
4A7E01, cn=ASHISH DATTA
Date: 2018.04.28 12:20:54 +05'30'