Madhya Pradesh High Court
Bharat vs The State Of Madhya Pradesh on 29 August, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.30609/2020
( Bharat Vs The State of M.P. )
(1)
Gwalior, dated :29/08/2020
Shri Ramdas Gautam , learned counsel for the applicant.
Shri Rohit Mishra, learned Additional Advocate General 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.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.
The applicant has been arrested on 19/02/2020 by Police Station road Morena (M.P.), in connection with Crime No. 420/2019 registered in relation to the offence punishable under sections 304- B, 498A and 34 of the IPC.
Allegations against the applicant, in short, are that the applicant along with co-accused were involved in subjecting the deceased to harassment and cruelty, due to non-satisfaction of demand of cash Rs. 25,000/-, TV., Fridge and Motorcycle as dowry, ultimately, on 28/10/2019 the deceased died by hanging herself and her dead body was found in suspicious circumstances in her HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.30609/2020 ( Bharat Vs The State of M.P. ) (2) matrimonial home within seven years of her marriage.
Learned counsel for the applicant submits that applicant being husband of the deceased has been falsely implicated. He is in custody since 19.02.2020. Learned counsel further submits that investigation stands completed by filing of the charge sheet. No further custodial interrogation is required. It is further submitted that there is no specific allegation against the present applicant. Omnibus allegations have been levelled against all the accused persons. Earlier co-accused persons have been released on bail vide order dated 27/06/2020 and 02/07/2020 passed in M.Cr.C. No. 16961/2020 and 19376/2020 by this Court. It is further submitted that trial is held up due to COVID-2019 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. He is permanent resident of District Morena. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he may be released on bail.
Learned Additional Advocate General 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 bail is made out. It is submitted that deceased died within four months of her marriage. There is specific allegation HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.30609/2020 ( Bharat Vs The State of M.P. ) (3) against each and every member of the family in regard to dowry demand related cruelty. The custody period of the applicant is also less. On these grounds, prays for dismissal of the application.
At this stage, learned counsel for the applicant volunteered to deposit an amount of Rs. 5,000/- (Rs. Five Thousand Only) in Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund).
After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only) with one local solvent surety in the like amount to the satisfaction of the trial Court/committal Court. The applicant shall also furnish a written undertaking 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 shall deposit an amount of Rs. 5,000/- (Rs.
Five Thousand Only) in Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund). The HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.30609/2020 ( Bharat Vs The State of M.P. ) (4) applicant shall submit an attested photocopy of the receipt before the concerning Court, for placing the same on record of this case.
2. The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.
3. The applicant will comply with all the terms and conditions of the bond executed by him;
4. The applicant will cooperate in the investigation/trial, as the case may be;
5. 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;
6. 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.
7. The applicant will not seek unnecessary adjournments during the trial; and
8. 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.
(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2020.08.29 20:11:05 +05'30'