Shyamsingh vs The State Of Madhya Pradesh on 9 July, 2021

[Cites 6, Cited by 64]

Madhya Pradesh High Court

Shyamsingh vs The State Of Madhya Pradesh on 9 July, 2021

This is first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 2.02.2021 in connection with Crime No.001/2021 registered at P.S., Makdon, District Ujjain for the offence punishable under Sections 302, 304-B and 201 of IPC.

As per prosecution story, the applicant was married to deceased Jyoti three years ago. On 14.6.2020 while applicant and Jyoti were going on a motorcycle, an accident allegedly took place. Thereafter 100 number was dialed and both the applicant and the deceased were taken to the hospital where Jyoti(deceased) was declared dead and applicant has undergone the treatment of fracture etc.. The postmortem was conducted on the body of the deceased, according to which it was an accidental death. Thereafter FSL report was also requisitioned. The said report also suggested that it was an accidental death. However, lateron on 1.1.2021 the instant FIR has been lodged on an allegation as reflected from the statement of the brother of the deceased Hoshiyarsingh that he had visited the spot of accident on the following day of the accident and he found the suspicious circumstances and therefore the instant FIR has been lodged alleging demand of dowry and murder. Accordingly case has been registered.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. Investigation is complete and therefore no custodial interrogation is required. As a matter of fact earlier there was a case under section 498-A IPC and other sections were registered against him at Signature Not VerifiedDigitally signed by SAN SMT MUKTA crime No. 40/2020. The case was compromised on 24.2.2020. Thereafter KOUSHAL Date: 2021.07.09 18:15:54 IST 2 MCRC-20798-2021 applicant and deceased have been living together happily. On the fateful day on 14.6.2020 she died in the accident while both of them were going on motorcycle. The postmortem report and FSL report have opined that it was an accidental death. After a gap of almost 6 months new FIR has been lodged at the instance of brother of the deceased on 1.1.2021 alleging that he found suspicious circumstances while he visited the spot on 15.6.2020, therefore it is a case of murder and dowry death.

Learned counsel further submits that there is no incriminating material against the applicant except the statement of brother of the deceased. Applicant is in jail since 2.2.2021. He has no criminal antecedents. No plausible explanation has been given as to why the FIR was lodged after 6 months. Moreso, looking to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Hence, under such circumstances, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

P e r contra, learned Panel Lawyer opposes the bail application supporting the order impugned with the submission that in terms of statement of brother of the deceased, Hoshiyarsingh, a case is made out under sections 302, 304-B and 201 of IPC.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the obtaining facts and circumstances narrated above coupled with the fact that applicant is in jail since 2.2.2021 having no criminal antecedents, not required for custodial investigation. Moreso, due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail furnishing personal bond in the sum of Rs. 3,00,000/- (rupees three lakhs only) with one solvent surety in the like amount Signature Not VerifiedDigitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.07.09 18:15:54 IST 3 MCRC-20798-2021 to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further stringent conditions:

(i) the applicant shall mark his attendance before the concerned police station on 2nd Saturday of every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(iv) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.

(v) in future, if the applicant misuses the bail granted by this Court, this bail order shall stand cancelled automatically.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.

Observations made on facts touching merits of the case are only for the purpose of deciding the bail application and shall not have any bearing on the pending trial.

Signature Not VerifiedDigitally signed by SAN SMT MUKTA

KOUSHAL E-certified copy as per rules.

Date: 2021.07.09 18:15:54 IST 4 MCRC-20798-2021 (ROHIT ARYA) JUDGE MK Signature Not Verified VerifiedDigitally Digitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.07.09 18:15:54 IST

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