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Judgment
9 paragraphs · 419 wordsSanjay Dwivedi, J
This first 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.81/2020 registered at Police Station- Khairlanji, District-Balaghat, M.P. for the offence punishable under Sections 498-A, 304-B, 34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act. Applicant is in custody since 11.04.2020.
Learned counsel for the applicant submits that from the allegations made in the F.I.R. and the reasons assigned by the Court below, it can be gathered that the cause of death is not because of demand of dowry but the deceased consumed poison for some other reason as she was being harassed by the applicant and other family members as she was not able to conceive. Learned counsel further submits that at the most, the offence of demand of dowry can be made against the present applicant but offence of 304-B is not made out in view of the allegations made against him.
On the other hand, learned Panel Lawyer appearing for the respondent/State opposes the bail application, perused the case diary and read out FIR and statement of 161 of the father of the deceased.
Considering the aforesaid and the fact that charge sheet has already been filed, applicant is in custody since 11.04.2020 and there is no possibility of commencement of physical trial in near future, without commenting anything on the merits, 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 Date: 2020.10.12 15:49:20 IST 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.
It 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.
A copy of this order be forwarded to the concerned trial Court through E-mail.