Madhya Pradesh High Court
Nanhe Bhai Khangar vs The State Of Madhya Pradesh on 9 July, 2020
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-20560-2020
The High Court Of Madhya Pradesh
MCRC-20560-2020
(NANHE BHAI KHANGAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 09-07-2020
Heard through Video Conferencing.
Shri Raghuwar Prajapati, Advocate for the applicants.
Shri Vinod Mishra, Panel Lawyer for the respondent-State.
This is first bail application filed by the applicants under Section 439 of the Code of Criminal Procedure.
The applicants are in custody since 13.6.2020, in connection with Crime No.321/2020 registered at Police Station Rehli, District Sagar (M.P.) for the offence punishable under Section 498-A, 304-B/34 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
A s per prosecution story, marriage of deceased was solemnized with deceased Narendra Khangar. On 2.6.2020, deceased committed suicide by jumping into the well. Marg was registered. It is found that accused/applicants demanded motorcycle as dowry, so she committed suicide. Thereafter, applicants have been arrested by the Police and sent to jail.
Learned counsel for the applicants submits that applicant No.1 is father-in-law of deceased, applicant No.2 is mother-in-law, applicant No.3 & 4 respectively, are brothers-in-law of deceased. The applicants are in jail since 13.6.2020 and they have been falsely implicated in this case. They did not demand any dowry from the deceased or her family members. They did not commit any cruelty and harassment with the deceased. Actually, on 30.5.2020, husband of deceased Narendra Rai and deceased Mamta had gone to the parental house for treatment of Mamta. Thereafter, Narendra Khangar returned to home and committed suicide. Sister-in-law, deceased Mamta, brothers-in-law Rakesh and Chhotu have confined in a room and tortured and humiliated him and committed suicide. Thereafter, deceased and her mother had come in their house, due to the incident of her husband, deceased committed suicide. Custodial interrogation is not required in this case. There is no specific role about the demand of dowry and cruelty against the applicants. There is no possibility of their absconding or tampering with the prosecution evidence. It is the time of COVID-19, so trial is withheld and it will take time for its final disposal. They are ready to furnish bail 2 MCRC-20560-2020 as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicants prays for grant of bail to the applicants.
Per-contra, learned Panel Lawyer opposes the bail application. After hearing arguments of the parties and looking to the facts and circumstances of the case, the detention period of the applicants and the fact that the husband of deceased committed suicide on 31.5.2020 and thereafter, deceased had come to her matrimonial house and she committed suicide on 2.6.2020, accused/applicants are father-in-law, mother-in-law and brothers-in-law of deceased, there are general allegation against the applicants, the trial will take time for final disposal due to COVID-19, there is no probability of their absconding or tampering with the prosecution evidence, it would be appropriate to release the applicants on bail, therefore without commenting on merits of the case, application of the applicants under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicants-Nanhe Bhai Khangar, Smt. Asharani @ Bhaggo Khangar, Surendra Khangar and Deependra Khangar be released on bail on their furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one surety of the same amount each to the satisfaction of the JMFC concerned or trial Court for their appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicants shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicants 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 direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the applicants by the jail doctor before their release.
2. The applicants shall not be released if they are suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the applicants are 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.
3 MCRC-20560-2020 (RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.
Digitally signed by ASHWANI PRAJAPATIDate: 2020.07.09 15:15:39 +05'30'