Madhya Pradesh High Court
Tulsiram vs State Of Madhya Pradesh on 8 October, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.38213/2020
(Tulsiram Vs. State of M.P.)
Gwalior Bench: Dated 08/10/2020
Shri Mayank Vajpayee, learned counsel for the applicant.
Shri VPS Tomar, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 14/08/2020 by Police Station Dinara, District Shivpuri, in connection with Crime No. 210/2020 for the offence punishable under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act.
It is the submission of learned counsel for the applicant that he is suffering confinement since 14/8/2020 on false pretext and only on the basis of omnibus allegations, he has been implicated. No custodial interrogation is required. Marriage of deceased solemnized six years prior to her death and no role is attributable over present applicant. In the challenging period of COVID-19, his case be considered sympathetically. He undertakes to cooperate in trial and would not be a source of embarrassment/harassment to the complainant party in any manner.
Learned counsel for the State opposed the prayer and prayed for dismissal of the bail application.
HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.38213/2020 (Tulsiram Vs. State of M.P.) Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on the merits of the case, this application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety of the like amount to the satisfaction of trial Court.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and in case he is found positive then the applicant shall be immediately sent to concerned hospital for their treatment as per medical norms. After release, the applicant isfurther directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent them to the same jail from where he was HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.38213/2020 (Tulsiram Vs. State of M.P.) released.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1.The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not be a source of embarrassment or harassment to the complainant party in any manner and will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Panel Lawyer/Public Prosecutor to send E-copy of HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.38213/2020 (Tulsiram Vs. State of M.P.) this order to SHO of concerned police station for information.
Application stands allowed and disposed of. E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak) Judge jps/-
JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH PRAKASH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179c SOLANKI ec865c7633f4cfb9e38ce14fcbb05b9522a, cn=JAI PRAKASH SOLANKI Date: 2020.10.08 14:50:35 +05'30'