Madhya Pradesh High Court
Golu Patel vs The State Of Madhya Pradesh on 13 May, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 13th OF MAY, 2022
MISC. CRIMINAL CASE No. 9109 of 2022
Between:-
GOLU PATEL S/O BIHARI PATEL , AGED ABOUT
22 YEARS, OCCUPATION: AGRICULTURE R/O
VILLAGE MADAIYA TOLA DEORI PS. RITHI
DISTRICT KATNI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SUSHIL KUMAR TIWARI)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION P.S RITHI DISTRICT KATNI
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY KUMAR SHUKLA, PANEL LAWYER)
This first application has come up for hearing on admission on this
day, the court passed the following:
ORDER
This is first bail application filed on behalf of applicant-Golu Patel, S/o Bihari Patel under Section 439 of CrPC, who is in custody since 27/01/2022 in connection with Crime No.25/2022 registered at police station Righi, Distt. Katni (M.P) for the offence under Sections 304-B, 498-A of IPC and also under Section 3 & 4 of Dowry Prohibition Act.
It is submitted that applicant is innocent. In the MLC, it is mentioned that Signature Not Verified SAN no definite cause of death can be assigned. Visra was preserved and sent for Digitally signed by TULSA SINGH Date: 2022.05.14 11:14:16 IST chemical examination. Investigation is complete, charge sheet is filed. No 2 further custodial interrogation of the applicant is required. Trial will take time for its conclusion, therefore, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the State opposes the prayer made by learned counsel for the applicant and submits that he has visra report dated 28/4/2022 received from Forensic Science Laboratory, Sagar pointing out that in chemical examination, no traces of poison was found in the visra report.
After going through the visra report, learned counsel for the applicant submits that it is a case of natural death which has been converted into a case of dowry death. In the post-mortem report, no definite opinion has been given and visra report does not support any poisoning.
Taking all these facts into consideration and also the fact that investigation is complete, charge sheet is filed, no further custodial interrogation of the applicant is required, trial will take time for its conclusion, without commenting anything on merits of the case, this bail application is allowed.
It is directed that applicant be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- (Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court to appear before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
I n view of the outbreak of new mutant Omicron of Covid-19, the jail Signature Not Verified SAN authorities and the State Government are directed to follow the guidelines issued Digitally signed by TULSA SINGH Date: 2022.05.14 11:14:16 IST by the Health Ministry in the wake of Novel Corona Virus before and after 3 releasing the applicant.
Certified copy as per rule.
(VIVEK AGARWAL) JUDGE ts Signature Not Verified SAN Digitally signed by TULSA SINGH Date: 2022.05.14 11:14:16 IST