Lokendra Singh Tomar vs State Of M.P

Vishal Mishra, J

Heard on I.A.No.10329/2021, an application under Section 301 (2) of Cr.P.C.

For the reasons mentioned in the application, I.A.No.10329/2021 is allowed and counsel for the complainant and his associates are permitted to assist the learned Panel Lawyer in the matter.

Heard the learned counsel for the parties.

The applicant has filed this second application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Maharajpura, District Gwalior in connection with Crime No.8/2021 registered in relation to the offence punishable under Sections 304B, 498A, 34 of IPC and section 3/4 of Dowry Prohibition Act. First application was dismissed as withdrawn vide order dated 1.3.2021 passed in M.Cr.C.No.11557/2021.

Learned counsel for the applicant submits that the applicant is in custody from 9.2.2021. It is submitted by counsel for the applicant that he has been falsely implicated in the case and he has not committed any offence. Learned counsel for the applicant submits that the applicant is a Chachiya Sasur of the deceased. Learned counsel for the applicant further submits that he is a government teacher and there is omnibus allegation against the present applicant and other co-accused persons. Learned counsel further submits that the father-in-law and husband of the deceased have been surrendered. He is ready to abide by all the terms and conditions as may be imposed by this Court and prays for grant of bail.

Per contra, counsel for the State as well as counsel for the complainant have opposed the bail application and prays for its rejection.

Considering the overall facts and circumstances of the case and looking to the custody period of the present applicant and considering the fact that there are omnibus allegation against the present applicant and applicant is a government teacher, this Court deems it appropriate to allow this application. The application is allowed subject to verification of the fact that husband and father-in-law of the deceased have been surrendered.

The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and the applicant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and he will have to install Arogya Setu App, if not already installed.

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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused.

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.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the State counsel to send E-copy of this order to

SHO of concerned police station as well as concerned Superintendent of Police who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

E-copy/Certified copy as per rules/directions.