Madhya Pradesh High Court
Kamlesh Prajapati vs The State Of Madhya Pradesh on 22 April, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1 MCRC-19337/2021
The High Court of Madhya Pradesh
M.Cr.C. No.19337/2021
(Kamlesh Prajapati Vs. State of M.P.)
Gwalior dated 22.04.2021
Shri Harish Sharma, learned counsel for the petitioner.
Shri G.P. Chaurasiya, learned counsel for the respondent/State.
Heard through video conferencing.
The petitioner has filed this second application u/S.439 Cr.P.C. for grant of bail after rejection of earlier one which was dismissed vide order dated 21.12.2020 in M.Cr.C. No.51013/2020 with liberty to come again after examination of main witnesses or if the trial gets further delayed, whichever is earlier.
The petitioner has been arrested on 28.09.2020 by Police Station-Seondha, district Datia (M.P.), in connection with Crime No.149/2020 registered in relation to the offence punishable u/S. 304- B, 498-A, 34 of IPC and Section ¾ of Dowry Prohibition Act. .
Learned counsel for State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
This is second repeat bail application u/s. 439 Cr.P.C. Earlier one was dismissed with liberty to come again after examination of main witnesses or if the trial gets further delayed, whichever is earlier.
Admittedly, none of the main PWs have been examined but the petitioner has suffered incarceration of about seven months. Petitioner 2 MCRC-19337/2021 is father-in-law of the deceased aged about 54 years. The allegations against the petitioner are more or less omnibus in nature.
Considering the period of custody and fresh wave of COVID-19 pandemic with further facts that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose possibility of petitioner fleeing from justice, this Court, is inclined to extend the benefit of bail to the petitioner.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned available Magistrate.
This order will remain operative subject to compliance of the following conditions by the petitioner :-
1. The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the trial;
3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The petitioner shall not commit an offence similar to the offence of which he is accused;
3 MCRC-19337/2021
5. The petitioner will not seek unnecessary adjournments during the trials;
6. The petitioner will not leave India without previous permission of the concerned available Magistrate/Investigating Officer, as the case may be;
7. The learned concerned available Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this order.
8. Petitioner on release shall immediately disclose the present whereas-about of the absconding co- accused Rahul & Mamta to the concerned Police Station, failing which the concerned SHO is directed to submit report in that regard to the Registry of the Court.
In case of receipt of report in terms of condition No.8 of failure of petitioner to disclose about the present wheres-about of absconding co-accused Rahul & Mamta, Registry is directed to list this matter as PUD before appropriate Bench.
The petitioner has gracefully agreed to act as a Shiksha Swayamsevak by rendering physical and financial assistance to government primary school situated nearest to residence of petitioner for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the petitioner. [;kfpdkdrkZ us ,d f'k{kk Lo;alsod ds :i esa vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr 4 MCRC-19337/2021 djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djus ,oa vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh LosPN;k lgefr iznku dh gSAa] The petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. [;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys es½a vkSj@;k lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA].
It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information provided by the petitioner. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ vkSj@;k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djsA].
The Registry of this Court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and follow up.
A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the District Education Officer, Block Education Officer of the 5 MCRC-19337/2021 district/block concerned who in turn shall encourage the petitioner to indulge in community service as aforesaid.
A copy of this order be sent to the court below for information. C.c as per rules.
(Sheel Nagu) Judge Aman Aman Digitally signed by Aman Tiwari DN: c=IN, o=High Court Of Madhay Pradesh Bench Gwalior, ou=all, 2.5.4.20=70c6eef55d043fbd523acacb7d1ef4 Tiwari b0609a37510b8e1527bc41da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2021.04.23 15:54:06 +05'30'