Bhanupratap Singh Tomar vs State Of M.P

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.

Heard on IA No. 16630/2020, an application under Section 301(2) of the Cr.P.C.

For the reasons stated in the application, the same is allowed and Shri D.S. Bhadoriya, learned counsel on behalf of the complainant and his associate is permitted to assist the prosecution.

Heard learned counsel for the parties. Case diary perused.

This is first bail application under Section 438 of the Cr.P.C preferred for grant of anticipatory bail.

Applicant apprehends arrest in connection with Crime No.. 160/2020 registered at Police Station Mahila Police Station Gwalior (M.P.) for the offences punishable under Sections 498-A, 354 and 34 of the IPC and Section 4 of the Dowry Prohibition Act.

Allegations against the applicant, in short, is that the applicant along with co-accused inflicted dowry demand related cruelty against the complainant and also outraged her modesty. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant is a reputed citizen of the locality and has been falsely implicated in the matter. It is further submitted that applicant is a near relative (brother in law) of the complainant and is residing separately from the complainant and her husband at Ambah, Dist. Morena and presently working at Bhind (M.P.). There is no direct or indirect involvement of the applicant in day to day affairs of the complainant and her husband. It is further submitted that the co- accused had filed an application under Section 9 of Hindu Marriage Act and in counter blast of the same, applicant has been falsely implicated in the present case. Bare reading of the statement recorded under Section 164 of the Cr.P.C, offnce under Section 354 of the IPC is not made out against the applicant. Omnibus allegations have been levelled against the applicant and co-accused. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. Applicant is permanent resident of Ambah District Morena (M.P.) and there are no chances of his absconding or tampering with the prosecution evidence. He shall abide by the terms and conditions as may be imposed by this Court. Under these circumstances, applicant prays for anticipatory bail.

Learned State counsel and counsel for the complainant opposed the application on the ground that applicant is absconding since the date of registration of FIR. .

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicant shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a local solvent surety of the like amount to the satisfaction of Arresting Authority. The applicant shall also furnish a written undertaking that he 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 :-

The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.

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.

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; and

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