Madhya Pradesh High Court
Rambahor Pathak vs The State Of Madhya Pradesh on 2 February, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 2nd OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 48461 of 2021
Between:-
RAMBAHOR PATHAK S/O SHRI MAHAVEER
PATHAK , AGED ABOUT 60 YEARS,
OCCUPATION: AGRICULTURE R/O VILL.
HEERUDEEH PS. GARH TAH. SIRMOUR REWA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANIRUDHA SINGH BAGHEL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THR. PS.
GARH DISTT. REWA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANSHUL MISHRA, PANEL LAWYER)
(BY SHRI SHRIKANT MISHRA, ADVOCATE FOR THE
OBJECTOR)
(Heard through Video Conferencing)
This application coming on for admission this day, the court passed
the following:
ORDER
It is submitted by learned counsel for the applicant that this is second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") on behalf of the applicant in connection with Crime No.91/2021 registered at Police Station Garh, District Rewa for offences punishable under Sections 307, 498-A/34 of I.P.C., 3/4 of Dowry Prohibition Act, 302 and 304- B of I.P.C. The applicant is in custody since 17/03/2021.
The first bail application of the applicant was dismissed as withdrawn on 26/07/2021 in M.Cr.C. No. 24092/2021.
It is further submitted by learned counsel for the applicant that the present applicant is the father-in-law of the deceased. Co-accused Signature SAN Not Verified Digitally signed by VAIBHAV YEOLEKAR Date: 2022.02.05 12:15:48 IST 2 Chakradhar Upadhyay has been granted bail by a co-ordinate Bench of this Court on 30/04/2021 in M.Cr.C. No. 18726/2021. Co-accused Chakradhar Upadhyay is the son-in-law of the present applicant and brother-in-law of the deceased.
Learned Panel Lawyer opposes the bail application.
Learned counsel for the objector submits that co-accused Chakradhar Upadhyay has made a suppression of fact regarding death of deceased/victim.
However, the fact of the matter is that even in the second dying declaration, victim has taken name of only her husband and not that of either her father-in-law or the brother-in-law.
Taking into consideration the facts and circumstances of the case and with a view to maintain parity, without commenting on the merits, this application is allowed.
It is directed that applicant be released on bail on his 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 Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
3(VIVEK AGARWAL) JUDGE vy