Madhya Pradesh High Court
Sumit Gupta vs State Of Madhya Pradesh on 17 July, 2020
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 MCRC-20541-2020
The High Court Of Madhya Pradesh
MCRC-20541-2020
(SUMIT GUPTA Vs STATE OF MADHYA PRADESH)
MCRC/19667/2020, MCRC/19675/2020
3
Jabalpur, Dated : 17-07-2020
Heard through Video Conferencing.
Shri Jayant Neekhra, learned counsel for the applicants.
Shri Jafar Khan, learned counsel for the objector.
Shri Jubin Prasad, learned Panel Lawyer for the respondent/State.
Heard and perused the case diary.
This order shall also govern the disposal of M.Cr.C No.19667/2020 and M.Cr.C. No.19675/2020 as all the cases arising out of the same crime number i.e.127/2020.
These are the first applications under Section 439 of the Cr.P.C. filed on behalf of the applicants, who are in custody since 30.05.2020 in connection with Crime No.127/2020 registered at Police Station Junnardev, District Chhindwara (M.P.) for the offence punishable under Sections 304-B, 498-A and 34 of IPC.
The allegation against the applicant Sumit Gupta is that he being the husband of the deceased Akriti Gupta used to harass her and treat her with cruelty along with her family members including her mother-in-law and sister-in-law who are applicants in M.Cr.C. No.19675/2020 and M.Cr.C. No.19667/2020 respectively. The deceased committed suicide on 28/05/2020 by hanging and in the statement of the parents of the deceased, it has come out that the applicants used to harass her.
Learned counsel for the applicants has submitted that marriage of the applicant Sumit Gupta was solemnized with deceased on 19/11/2019 who is software engineer by profession and working as a Senior Associate in W.N.S. Global Services Private Limited situated at Pune which is an out sourcing company and was earning Rs.4,64,800/- per annum.
Learned counsel for the applicants has further submitted that soon after their marriage, applicant Sumit Gupta and deceased Akriti Gupta were residing in Pune only and recently just before the lockdown, deceased come to her parents house at Sagar Digitally signed by ASTHA SEN Date: 17/07/2020 18:28:48 2 MCRC-20541-2020 (M.P.) from where the father of the applicant had brought the deceased to Junnardev (Chhindwara) on 18/03/2020 and since she was supposed to go to Pune where the applicant-Sumit Gupta was residing but she could not do so on account of lockdown.
Learned counsel for the applicants has drawn the attention of this Court to the various tickets of train and flight reservation which were booked on 05/04/20, 19/04/2020 (train tickets) and 26/06/2020 (flight ticket) which shows the ample effort of the applicant-Sumit Gupta to bring the deceased to Pune but on account of frustration and depression she committed suicide on 28/05/2020 as none of the mode of transport were available on account of lockdown and had she got the reservations confirmed she could have travel to Pune also. Learned counsel for the applicants has further submitted that the deceased was suffering from depression and anxiety for which she was taking certain medicine since last 1 & 1/2 years which is also apparent from the Whats app chat of the applicant-Sumit Gupta and deceased in which she has mentioned that she has already taken medicine i.e. Nexito and Mirtaz. However, he submits that only on account of reason that she could not travel to Pune to meet the applicant-Sumit Gupta due to lockdown she ultimately committed suicide.
So far as the other applicants i.e. mother-in-law (Rajni Gupta) and sister-in-law (Shelly Gupta) are concerned, it is submitted that omnibus allegations of harassment have been levelled against them as she was residing with her husband-Sumit Gupta at Pune only, therefore, they may be released on bail.
Leaned counsel for the objector has opposed the prayer of the applicants and has sought time to file written objection and has submitted that there is presumption under Section 113-B of the Evidence Act. He further submits that the deceased died within six months of her marriage and there are clear allegations made by her parents against the applicants, therefore, no case for bail is made out.
Learned counsel for the State on the other hand has opposed the prayer and has submitted that the parents of the deceased have also made allegations against the applicants that they used to harass their daughter and as such no case for bail is made out.
On due consideration of the submissions, so far as the question of adjournment Digitally signed by ASTHA SEN Date: 17/07/2020 18:28:48 3 MCRC-20541-2020 is concerned which has been prayed by the counsel for the objector, this Court finds that he had already filed his Vakalatnama on 08/07/2020 and thus it has already been ten days since he has marked his appearance, however, no written objection has been filed by him, thus the prayer is declined.
So far the merits of the case are concerned, taking note of the defence of the applicants that they have tried their level best to ensure the travel of the deceased from Junnardev to Pune which is also evident from the various tickets of railway reservation and flight reservation submitted on record as also the fact that the deceased was also suffering from depression, without expressing any opinion on the merits of the case, the applications filed by the aforesaid applicants are hereby allowed.
It is directed that Applicants-Sumit Gupta, Shelly Gupta and Rajni Gupta shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Writ Petition No. 1/2020 and ensure, that the Applicants are examined by the jail doctor before their release. If the Applicants show symptoms of COVID-19, the doctor shall forthwith direct them to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the Applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence.
With the above the applications are finally disposed of. It is further made clear that if it is found that the applicants are involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicants in the present case as well.
A typed copy of this order is being forwarded to the Office of the Advocate General and to Shri Jubin Prasad, Ld. Panel Lawyer, on their respective email address, Digitally signed by ASTHA SEN Date: 17/07/2020 18:28:48 4 MCRC-20541-2020 for intimation to the Police Station concerned.
The office is requested to forward a copy of this order to the Ld. Court below. Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE Astha Digitally signed by ASTHA SEN Date: 17/07/2020 18:28:48