Basanti Kushwah & Another vs State Of M.P

S.A.Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

At the outset, counsel for the applicants seeks permission to withdraw the first bail application preferred under Section 439 of the Cr.P.C in respect of applicant No.1 Basanti Kushwah in connection with Crime No. 230/2020 registered at Police Station Purani Chhaoni District Gwalior for the offence punishable under Sections 498-A and 304-B/34 of the IPC and Section ¾ of the Dowry Prohibition Act.

Accordingly, instant bail application in respect of applicant No.1 Basanti Kushwah, stands dismissed as withdrawn.

Case Diary is perused.

Learned counsel for the rival parties are heard in respect of applicant No.2 Rani.

The applicant No.2 Rani has filed this first application u/S 439, Cr.P.C. for grant of bail.

The applicant No.2 Rani has been arrested on 01/10/2020 by Police Station Purani Chhaoni District Gwalior (M.P.), in connection with Crime No. 230/2020 registered in relation to the offence punishable under sections 498-A, 304-B and 34 of the IPC and Section 3/4 of the Dowry Prohibition Act.

Allegations against the applicant No.2 Rani in short is that present applicant No.2 Rani is sister in law of the deceased. She alongwith other co-accused persons was involved in subjecting the deceased to cruelty and harassment due to non satisfaction of demand of Rs. Five Lakhs and ultimately on 03/07/2020 dead-body of the deceased was found hanging in matrimonial home under suspicious circumstances within seven years of her marriage. On the aforesaid basis, crime has been registered against the applicant No.2 Rani.

Learned counsel for the applicant No.2 Rani submits that she has falsely been implicated in the matter and she is in custody since 01/10/2020. It is submitted that charge-sheet has been filed and no further custodial interrogation is required in the matter. No allegation of demand of dowry has been levelled against the present applicant No.2 Rani. According to the statement of father, mother, uncle and brother etc of the deceased that present applicant No.2 Rani never demanded dowry. Only allegation against the present applicant No.2 Rani is of beating the deceased. It is further submitted that trial is held up due to COVID-2019 and the applicant No.2 Rani cannot be kept in custody for an unlimited period without any substantial reason. If she is kept in jail, she would come into contact of hardened criminals. It is further submitted that in view of outbreak of COVID 19, detention of the applicant No.2 Rani in already congested prison may be detrimental. She is permanent resident of Gwalior (M.P.). Conclusion of trial is likely to take time and there is no likelihood of her absconsion, if released on bail. On these grounds, she may be released on bail.

Learned Panel Lawyer opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant No.2 Rani.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant No.2 Rani Kushwah be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with a local surety of the like amount to the satisfaction of the trial Court/committal Court for her appearance on the dates given by the concerned Court.

The applicant No.2 Rani shall also furnish a written undertaking before the concerned Court that she will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant No.2 Rani :-

The applicant No.2 Rani shall install Aarogya Setu App (if not already installed) in her mobile phone.

The applicant No.2 Rani will comply with all the terms and conditions of the bond executed by her;

The applicant No.2 Rani will cooperate in the investigation/trial, as the case may be;

The applicant No.2 Rani will not indulge herself 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 No.2 Rani 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 No.2 Rani will not seek unnecessary adjournments during the trial; and

The applicant No.2 Rani will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

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

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