Bhagat Ram vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 20.7.2020, in connection with Crime No.265/2020, registered at Police Station Mohangarh, District Tikamgarh (M.P.)

for the offence punishable under Section 304B, 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 2005.

As per prosecution story, marriage of deceased Varsha Rajak was solemnized with the co-accused Din Dayal Rajak on 29.1.2019. Accused/applicant

is father-in-law of the deceased. Deceased committed suicide by hanging herself on 10.7.2020 at her matrimonial home. Marg was registered. It is

found that accused/applicant and co-accused demanded Rs.50,000/- and one motorcycle as dowry. Due to non-fulfillment of dowry, they tortured and

humiliated her, so she committed suicide. Thereafter, case has been registered against the accused/applicant and other co-accused for the aforesaid

offence.

Learned counsel for the applicant submits that accused/applicant has been falsely implicated in this case. Accused/applicant is father-in-law of

deceased. There is general allegation about demand of dowry and cruelty against her. No specific act is attributed against the present applicant.

Applicant is in jail since 20.7.2020. Charge sheet has been filed. There is no previous report about cruelty and demand of dowry against the present

accused/applicant. There are some differences between deceased and her husband, so she committed suicide. He further submits that co-accused has

already been released on bail vide order dated 16.10.2020 passed in M.Cr.C. No. 26594/2020 by this Court. It is the time of COVID-19, conclusion of

trial will take long time. There is no probability of his absconding or tampering with the prosecution evidence. The accused/ applicant ready to furnish

bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the

applicant.

Per-contra, learned Panel Lawyer opposes the bail application.

After hearing arguments of the parties and looking to the facts and circumstances of the case and the fact that accused/applicant is father-in-law of

deceased, the applicant is in jail since 20.7.2020, there is general allegation about cruelty and demand of dowry against the present applicant, charge

sheet has been filed, there is no previous report against the present applicant about cruelty or demand of dowry. Co-accused has already been

released on bail vide order dated 16.10.2020 passed in M.Cr.C. No. 26594/2020 by this Court. It is the time of COVID-19, trial will take time for final

disposal, there is no probability of his absconding or tampering with the prosecution evidence, it would be appropriate to release the applicant on bail,

therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable.

Consequently, it is hereby allowed.

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

surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the

concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona

Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.

 Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

Certified copy as per rules.