Madhya Pradesh High Court
Akash Samadhiya vs The State Of Madhya Pradesh on 5 June, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.13934/2020
( Akash Samadhiya Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 05.06.2020
Shri Rajesh Kumar Shukla, Advocate for the applicant.
Shri R.S.Gurjar, Panel Lawyer for the respondent/State.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
Heard learned counsel for the parties.
Case diary perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station- Dehat, Bhind in connection with Crime No.515/19 registered in relation to the offences punishable under sections 498-A, 323, 34 of IPC and Section 3/4 of Dowry Prohibition Act and added Sections 419 and 420 of the IPC.
Allegations against the applicant, in short, are that he alongwith other co-accused persons were involved in cheating the complainant and her family members by professing that the applicant was in a Government job before the marriage was fixed and after marriage the complainant was subjected to cruelty and harassment due to non satisfaction of demand of Rs.5,00,000/- in dowry for HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.13934/2020 ( Akash Samadhiya Vs. The State of Madhya Pradesh ) (2) purchasing a plot.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 04.11.2019. Charge sheet has been filed, therefore, no further custodial interrogation is required in the case. Due to certain differences between the complainant and the applicant, the complainant had left her matrimonial home and did not return despite efforts made by the applicant to bring her back. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. Applicant is a permanent resident of Village Kachnawala, Police Station Gormi, District Bhind and there is no likelihood of her absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.
Learned Panel Lawyer 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.
At this stage, learned counsel for the appellant volunteered to HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.13934/2020 ( Akash Samadhiya Vs. The State of Madhya Pradesh ) (3) deposit an amount of Rs.15,000/- (Rupees Fifteen thousand) with Collector Bhind, for utilization in preparation of food and its distribution to downtrodden persons including migrant labours, by any Government Agency/NGO in and round the city of Bhind.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely - Akash Samadhiya be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
It is made clear that benefit of bail shall be extended to the applicant only on depositing an amount of Rs.15,000- (Rupees Twentyfive thousand) with Collector Bhind and obtaining receipt. The office of Collector shall maintain a separate account (for production of the record as and when directed for) and utilize the amount so deposited for disbursement of food packets to the downtrodden people including migrant labours in and around the city HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.13934/2020 ( Akash Samadhiya Vs. The State of Madhya Pradesh ) (4) of Gwalior through any Government agency/NGO. The applicant shall submit an attested photocopy of such receipt before the concerning court for placing the same on record.
The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
5. The applicant shall install Arogya Setu App (if not already installed) in his mobile phone;
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.13934/2020 ( Akash Samadhiya Vs. The State of Madhya Pradesh ) (5)
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.
Certified copy/e-copy as per rules/directions.
(S.A.Dharmadhikari) Judge SP SANJEEV KUMAR PHANSE 2020.06.05 17:44:12 +05'30'