Ashish vs State Of Madhya Pradesh

Nandita Dubey, J

This is the repeat bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail. Earlier application (M.Cr.C.No.187/2021)

was dismissed as withdrawn by this Court on 08.02.2021 with liberty to file a fresh after recording the statements of parents of the deceased.

The applicant is in custody since 27.11.2020 in connection with Crime No. 587/2020 registered at P.S.-Suatala, District Narsinghpur (MP) for the

offence punishable under Sections 304-B,498-A of IPC and Sections 3/4of Dowry Prohibition Act.

As per the prosecution, on 13.11.2020, the wife of the present applicant committed suicide by consuming poisonous substance within one year of her

marriage.

Learned counsel for the applicant submits that applicant has been falsely implicated. It is stated that only omnibus allegations have been made by

parents of the deceased regarding the cruelty meted out to her. It is submitted that as per the postmortem report, no external injury has been found on

the body of the deceased. He has invited attention of this Court to the WhatsApp messages between the applicant and the deceased wife which have

also been considered by a coordinate bench of this Court while granting anticipatory bail to father-in-law and mother-in-law in

M.Cr.C.No.48449/2020. It is stated that WhatsApp messages do not show that there was any demand regarding dowry or the deceased was

harassed or treated cruelly by the applicant. It is lastly submitted that in the present scenario of COVID-19 pandemic, the trial would take

considerable time to conclude, the applicant is in custody since 27.11.2020, therefore, he may be released on bail.

Learned Panel Lawyer, on the other hand, has vehemently opposed the bail application and prayed for rejection of the same.

Considering that in the present scenario of COVID-19 pandemic, the trial would take considerable time to conclude, and the applicant has already

undergone more than six months custody, without commenting on the merits of the case, this application is allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one

surety in the like amount to the satisfaction of the trial Court for his presence before the said Court on all the dates of hearing fixed in this regard

during the trial.

This order will remain operative subject to compliance of the following conditions :-

“1. The applicant will comply with all the terms and conditions of the bond executed by him;

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

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;

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;

The applicant will not seek unnecessary adjournments during the trial;

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

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed

from time to time by the Supreme Court, the Central Govt. and as well as the State Govt.â€​

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to learned Panel Lawyer, on their respective

email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.

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