Harnarayan Lakhera vs State Of Madhya Pradesh

S. A. Dharmadhikari, J

I.A. No.10255/2021, an application for urgent hearing is considered and allowed.

Heard on I.A. No.11136/2021, an application under Section 301(2) of Cr.P.C. filed on behalf of the complainant for assisting the Additional Advocate General.

For the reasons mentioned in the application, the same is allowed.

Shri Surendra Singh Dhakad, Advocate and his associates are permitted to assist the Additional Advocate General.

Case diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application u/S. 439, Cr.P.C. for grant of bail.

The applicant has been arrested on 15.03.2021 by Police Station Kampoo, District Gwalior (M.P.), in connection with Crime No.156/2021 registered in relation to the offence punishable under Sections 498-A, 304-B, 34 of IPC and Section 3/4 of Dowry Prohibition Act.

Allegation against the applicant, in short, is that he alongwith other co-accused persons was involved in subjecting the deceased to cruelty due to non-satisfaction of demand of additional dowry of Rs.10 Lakh and ultimately on 11.03.2021 dead body of the deceased was found hanging in her matrimonial home under suspicious circumstances within seven years of her marriage. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant is father-in- law of the deceased. He is 75 years old and has been falsely implicated in the case. He is in custody since 15.03.2021. Investigation is on the verge of completion. Omnibus allegations have been levelled against the present applicant. Even in dying declaration, there is no specific allegation against the present applicant. Counsel for the applicant submits that in view of COVID-19 outbreak, detention of applicant in already congested prisons may be detrimental. The applicant is permanent resident of District Gwalior (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned Additional Advocate General for the respondent/State opposed the application contending that on the basis of the allegations and material available on record, no case for grant of bail is made out and prays for rejection of bail application.

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 the 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.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court 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 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 be;

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 tor to the Police Officer, as the case may be;

4 . 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.

A copy of this order be sent to the trial court concerned for compliance.

Certified copy as per rules.