Ajab Singh vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I.A. No. 7007/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

This is the fourth bail application u/S.439 Cr.P.C filed by the applicants for grant of bail. The first application was rejected and direction was given to

file afresh after recording of evidence of some important prosecution witnesses, the second application was rejected on 6.3.2020 and in the third

application, interim bail was granted for 90 days.

Applicant has been arrested on 26.08.2019 by Police Station Aron, District Guna (MP) in connection with Crime No. 400/2019 registered for the

offence punishable under section 304-B of IPC.

It is submitted by learned counsel for the applicant that important prosecution witnesses have been examined before the trial Court, copies of the

statements recorded is filed wherein no specific allegation of demand of dowry was there. It is further submitted that as per prosecution evidence, the

case is of accident and there is no evidence of instigation just before death. After six months of death, false allegation has been levelled against the

applicant. The trial will take its own time and the applicant is in custody since 26.08.2019. It is further submitted that the benefit of grant of interim bail

had not been misused by the applicant, hence prayed for grant of bail.

Per contra, State Counsel has vehemently opposed the bail application and has submitted that the case has been registered under section 304-B of

IPC wherein the present applicant is husband and after considering the earlier applications on merits, there is no new ground to consider the present

application filed on behalf of the applicant. It is further submitted that the prosecution witnesses have supported the prosecution story, therefore,

prayed for rejection of the bail application considering the seriousness of the offence.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the available case-diary.

Considering the facts and circumstances of the case along with the fact that the applicant is in custody since 26.08.2019, three prosecution witnesses

including the father of the deceased have been examined, without commenting upon the merits of the case, the application is allowed and it is hereby

directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000 (Rupees One lac only) with one solvent

surety of the like amount to the satisfaction of the Court concerned for their regular appearance before the Court concerned on the dates fixed by the

Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and

if it is found negative, then the concerned local Administration shall make necessary arrangements for sending the applicant to his/her house, and if

his/her test is found positive then the applicant shall be immediately sent to concerning hospital for his/her treatment as per medical norms. If the

applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel

permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the

Central Government/State Government or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the

instructions (whether general or specific) issued by the Central Government/State Government or Local Administration, then this order shall

automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the

same jail from where he/she was released.

This order will remain operative subject to compliance of the following conditions by the applicant/s :-

The applicant/s will comply with all the terms and conditions of the bond executed by him/her;

The applicant/s will cooperate in the investigation/trial, as the case may be;

The applicant/s will not indulge himself/herself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the

case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant/s shall not commit an offence similar to the offence of which he/she is accused; in case of repetition of any offence, this bail order

shall stand cancelled automatically;

The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;

The applicant/s will not leave Gwalior and India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicant/s will inform the SHO of concerned Police Station about his/her/their residential address in the said area and it would be the duty of

the State Counsel to send E-copy of this order to SHO of concerned Police Station for information.

Applicant shall mark his presence before the SHO of the concerned Police Station once in every fortnight (every fifteen days) till conclusion of the

trial. The concerned SHO is directed to submit attendance report of the applicant before the Principal Registrar of this Court once in every quarter of

a year.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.