Asif @ Sonu @ Michal vs State Of Madhya Pradesh

Sanjay Dwivedi, J

This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with

Crime No.87/2020 registered at Police Station Rawanwada, District Chhindwara for the offence punishable under Sections 304-B, 498-A of the

Indian Penal Code.

First application (M.Cr.C.No.38518/2020) was dismissed by this Court as withdrawn vide order dated 22.10.2020.

Learned counsel for the applicant submits that as material witnesses have been examined in the trial Court, therefore, this second bail application has

been moved on behalf of the applicant. He further submits that from the statements recorded during the trial, it is clear that there are material

contradictions and infact nobody had met with the deceased, nor had she informed anybody that she committed suicide because she was being

harassed by her husband. He further submits that as per the statement of the parents of the deceased, they on the day of death of deceased though

said to have visited the hospital and met with the deceased, but did not lodge any report to the police. He further submits that considering the

statement of the witnesses their credibility is doubtful. In the aforesaid facts and circumstances and also looking to the custody period, the applicant

may be enlarged on bail.

Shri John, learned Panel Lawyer on the other hand has opposed the bail application.

Considering the overall facts and circumstances, but without commenting anything on the merits of the case, I am inclined to consider and allow this

bail application. Accordingly, the same is hereby allowed.

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

solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.

I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19

virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down

by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.

Certified Copy as per rules.