Madhya Pradesh High Court
Vishram Singh vs The State Of Madhya Pradesh on 29 July, 2020
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-12745-2020
The High Court Of Madhya Pradesh
MCRC-12745-2020
(VISHRAM SINGH Vs THE STATE OF MADHYA PRADESH) 3 Jabalpur, Dated : 29-07-2020 Heard through Video Conferencing.
Mr.S.K.Pathak, learned counsel for the applicant. Mr.Piyush Bhatnagar, learned Panel Lawyer for the State. This application has been filed on behalf of the applicant under section 439 of the Cr.P.C, for offences under sections 304-B, 498-A, 34 of the IPC read with section 3/4 of the Dowry Prohibition Act, registered vide Crime No.151/2020, at P.S. Taala, District Satna.
The applicant is in judicial custody since 27.7.2020 in the aforesaid case. He is aged about 51 years. He is the father-in-law of the deceased. The allegation against him is partly omnibus in nature with regard to harassment for dowry and partly specific in nature as regards having an evil eye on the deceased.
Learned counsel for the applicant submits that the deceased and her husband were living separately at the time of incident from the applicant.
Learned counsel for the State while opposing the application for grant of bail has submitted that previously on 20.12.2016, the deceased had made a written complaint to the Police whereby she had stated that the applicant herein and her younger brother-in-law had evil eyes on her and used to harass her. The matter went before the Police and after that there was a settlement after which the deceased and her husband went to stay in the ancestral home and the applicant was staying separately. However, the kith and kin of the deceased have stated that the applicant and the younger brother-in-law used to go to the new place of residence and harass her.
Looking at the facts and circumstances of the case and the fact that the applicant has already put in one year in judicial custody and that an early Signature Not Verified SAN conclusion of trial would not be possible on account of the prevailing Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2020.07.30 17:56:29 IST 2 MCRC-12745-2020 circumstances caused by the COVID-19 virus, the application is allowed and it is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifity Thousand only) with on solvent surety in the like amount to the satisfaction of the Trial Court.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.
Certified copy as per rules.
(ATUL SREEDHARAN) JUDGE ss Signature Not Verified SAN Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2020.07.30 17:56:29 IST