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Madhya Pradesh High Court

Mansingh Meena vs The State Of Madhya Pradesh on 4 October, 2021

Author: Rajendra Kumar Srivastava

Bench: Rajendra Kumar Srivastava

                                                                          1                           MCRC-47719-2021
                                               The High Court Of Madhya Pradesh
                                                         MCRC-47719-2021
                                                       (MANSINGH MEENA Vs THE STATE OF MADHYA PRADESH)


                                       Jabalpur, Dated : 04-10-2021
                                              Heard through Video Conferencing.

                                              Shri Nishant Datt, learned counsel for the applicant.
                                              Shri Lokesh Jain, learned P.L. for the respondent/State.

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 16.08.2021 in connection with Crime No.358/2021 registered at Police Station-Shahganj, Distt.-Sehore (M.P.) for the offence punishable under Sections 304-B, 498-A and 34 of IPC and Section 3/4 of Dowry Prohibition Act.

As per prosecution case, on 09.08.2021 deceased/Priyanka committed suicide by hanging at her matrimonial home. Marg was registered. It is found that the marriage of deceased/Priyanka was solemnized with co- accused/Vikas Meena 08.03.2019. Applicant/ accused is father-in-law of deceased. Soon after marriage, applicant/accused and co-accused started demanding one Maruti Car from the deceased and her family as dowry. Due to non-fulfillment of dowry, they humiliated and tortured her. Therefore, she committed suicide.

Learned counsel for the applicant-accused submits that the applicant has been falsely implicated in this case. He further submits that applicant- accused is father-in-law of deceased/Priyanka. He is aged about 55 years. There are general allegations in regards of demand of dowry and cruelty with the deceased by the applicant-accused. No specific act is attributed against the applicant/accused. Applicant/accused is in custody since 16.08.2021, charge sheet has been filed. Deceased did not leave any suicidal note. No previous criminal complaint in regards of demand of dowry and cruelty with deceased is lodged neither by the deceased nor her parents against applicant-

accused. It is the time of pandemic COVID-19 due to which conclusion of Digitally signed by LALIT SINGH RANA Date: 2021.10.04 17:48:10 IST 2 MCRC-47719-2021 trial will take time for final disposal. There is no probability of his absconding or tampering with the prosecution evidence. Applicant/accused is a agriculturist and breadwinner of his family. If he is kept in custody for an unlimited period then future of his family will be spoiled. He further submits that co-accused has already been granted bail by this Court vide order dated 13.09.2021 passed in M.Cr.C. No. 43353/2021. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer for the respondent-State opposes the said bail application.

Considering the contention of both the parties and this fact that applicant/accused is father-in-law of deceased, there are general allegations in regards of demand of dowry and cruelty with the deceased by the applicant- accused, applicant/accused is in custody since 16.08.2021, charge sheet has been filed, it is the time of pandemic COVID-19 due to which conclusion of trial will take time, there is no probability of his absconding or tampering with the prosecution evidence, co-accused has already been granted bail by this Court vide order dated 13.09.2021 passed in M.Cr.C. No. 43353/2021, therefore, without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Mansingh Meena be released on bail on his furnishing a personal bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the same like amount to the satisfaction of the learned JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following Signature Not Verified SAN direction to the jail authority:-

3 MCRC-47719-2021

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

Certified copy as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE L.R. Signature Not Verified SAN Digitally signed by LALIT SINGH RANA Date: 2021.10.04 17:48:10 IST