Madhya Pradesh High Court
Chandra Prakash Dubey vs The State Of Madhya Pradesh on 6 August, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1 Mcrc.37038.2021
The High Court of Madhya Pradesh
Mcrc.37038.2021
(Chandra Prakash Dubey Vs. State of M.P.)
Gwalior dated 06.08.2021
None for the petitioner.
Shri Pramod Pachouri, learned Public Prosecutor for
respondent/State.
Heard through video conferencing.
Case-diary is read over by the State Counsel. This is first application u/S.438 Cr.P.C. for grant of anticipatory bail by the petitioner.
Petitioner apprehends arrest in connection with offence punishable u/Ss.304-B, 114 & 34 of IPC and Sec.3/4 Dowry Prohibition Act registered as Crime No.143/2021 by Police Station City Kotwali Bhind, District Bhind (M.P.).
Learned counsel for the 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 anticipatory bail is made out.
Present is the first application preferred by petitioner u/S.438 Cr.P.C. where petitioner apprehends arrest in respect of offence of dowry death. Allegation against petitioner is of acting as a Mediator who had made arrangement for the marriage in question. The deceased died due to hanging within seven years of marriage.
Petitioner is not related to the husband. Considering the fact that petitioner has no relationship with the husband of deceased, does not reside in the matrimonial home 2 Mcrc.37038.2021 and is aged about 54 years and that the material placed on record does not disclose the 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, I deem fit appropriate to allow this application u/S. 438 of Cr.P.C. in the following terms.
It is hereby directed that in the event of arrest, the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Arresting Authority.
This order will remain operative subject to compliance of the following conditions :-
1. The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the investigation/trial, as the case may be;
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;
5. The petitioner will not seek unnecessary adjournments during the trial;
6. The petitioner will not leave India without previous permission of the concerned available Magistrate/Investigating Officer, as the case may
3 Mcrc.37038.2021 be;
7. Petitioner shall mark his appearance before the concerned Police Station once a week till conclusion of investigation.
8. Petitioner shall plant 10 saplings of indigenous fruit bearing or shady trees on the side of the road/street of the place of residence of petitioner or at any other place in the district which is earmarked by the Collector/Revenue Authority for planting trees and shall take care of the trees for the next one year by watering the plants and by installing tree guards at her own expenses. In case the petitioner is unable to afford incurring of such expenses, then he would obtain saplings/tree guard from the forest authorities (the concerned Forest Range Officer of the area) free of cost or at concessional/nominal rates available under any beneficial scheme of the Government. Petitioner shall file an affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this court may consider cancellation of bail.
On complying with condition No.8 aforesaid, the petitioner is directed to inform the location of plantation made to the Forest Range Officer of the area concerned who will pass on this information to the DFO concerned.
For effective implementation of this order in the interest of betterment of ecology of the area concerned, the District Magistrate of district within which the petitioner resides is directed to assist the petitioner/accused to comply with condition No.8 by extending all possible financial and material assistance to the petitioner 4 Mcrc.37038.2021 admissible under any of the beneficial scheme for afforestation of the State.
The DFO of the concerned District is directed to file verification report before the trial Court concerned after carrying out inspection personally or through any other officer of the Forest Dept duly authorised in that behalf disclosing as to whether petitioner has complied with condition No.8 or not, and if yes to what extent?
The learned trial Judge on receiving report of non- compliance of condition No.8 shall forthwith communicate the same to the Registry of this Court.
The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate Bench in shape of PUD.
A copy of this order be sent to the trial Court concerned for compliance.
Let a typed copy of this order be also supplied to the counsel for the State for compliance of the aforesaid directives.
A copy of this order be furnished by the Registry of this Court to the concerned District Magistrate and the DFO having territorial jurisdiction over the place of residence of the petitioner for execution of the order in the interest of the ecology.
For the time being this case stands disposed of. C.c as per rules.
(Sheel Nagu) Judge pd PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF DHARK MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd1492 AR fe82dc3b1eef67eff2cb59f3ac97e92 0ac264de7828, cn=PAWAN DHARKAR Date: 2021.08.07 12:04:01 +05'30'