Kapil Shivhare vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is first bail application u/S. 439 Cr.P.C. filed by the petitioner for grant of bail.

Petitioner has been arrested on 29/08/2019 by Police Station Kumbhraj, District Guna in connection with Crime No.267/2019 registered in relation to the offences punishable u/Ss.306, 498-A of IPC.

Learned Public Prosecutor for the State 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.

Petitioner is alleged with abetment to suicide along with dowry demand related cruelty inflicted upon the deceased who died due to hanging. The petitioner is the husband of the deceased.

The marriage took place sometimes in 2011 as against the incident dated 30/05/2019. There is no anti-mortem injury found on the body of the deceased as per the post-mortem report accept the legature mark. Though there are allegations of dowry demand related cruelty but they are omnibus in nature and therefore, live and proximate link between the cause and suicide appears to be week.

Though investigation in the matter is not over but looking to the period of custody suffered by the petitioner, investigation appears to be nearing completion and therefore, further custodial interrogation of the petitioner may not be necessary.

In view of above and considering the fact that the petitioner who has no criminal antecedents is in custody since 29/08/2019 and that the early conclusion of the trial is a bleak possibility and that prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is though inclined to extend the benefit of bail to the petitioner but with certain stringent conditions in view of pending investigation.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum pf Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the concerned Trial Court.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

The petitioner will comply with all the terms and conditions of the bond executed by him;

The petitioner will cooperate in the investigation/trial, as the case may be;

The petitioner 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 petitioner shall not commit and offence similar to the offence of which he is accused;

The petitioner will not seek unnecessary adjournments during the trial; and

The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The petitioner shall mark his attendance before the concerned Police Station once in a week till conclusion of investigation.

The petitioner shall plant 25 saplings of indigenous fruit bearing or shady trees on the side of the road/street of the place of residence of petitioner or at any other place in the district which is earmarked by the Collector/Revenue Authority for planting trees and shall take care of the trees for the next one year by watering the plants and by installing tree guards at his own expenses. In case the petitioner is unable to afford incurring of such expenses, then he would obtain saplings/tree guard from the forest authorities (the concerned Forest Range Officer of the area) free of cost or at concessional/nominal rates available under any beneficial scheme of the Government. The petitioner shall file an affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this court may consider cancellation of bail.

For effective implementation of this order in the interest of betterment of ecology of the area concerned, the District Magistrate of district within which the applicant resides is directed to assist the applicant/accused to comply with condition No.8 by extending all possible financial and material assistance to the applicant admissible under any of the beneficial scheme for afforestation of the State.

The DFO of the concerned District is directed to file verification report before the trial court concerned after carrying out inspection personally or through any other officer of the Forest Department duly authorized in that behalf, disclosing as to whether applicant has complied with condition No.8 or not, and if yes to what extent?

The learned trial Judge on receiving report of non compliance of condition No.8 shall forthwith communicate the same to Registry of this Court.

The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate bench in shape of PUD.

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

Let a typed copy of this order be also supplied to the counsel for the State for compliance of the aforesaid directives.

A copy of this order be furnished by the Registry of this court to the concerned District Magistrate and the DFO having territorial jurisdiction over the place of residence of the applicant for execution of the order in the interest of the ecology.

For the time being this case stands disposed of.

C.c. as per rules.