Manoj vs State Of Madhya Pradesh

Akhil Kumar Srivastava, J

Heard. Perused the case diary.

This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 863/2019 registered at P.S. Banda, District - Sagar (M.P.) for the offence punishable under sections 304-B, 306,498-A of IPC and section 3/4 of Dowry Prohibition Act. First application was dismissed as withdrawn vide order dated 28/05/2020 passed in M.Cr.C. No. 3498/2020.

As per the prosecution story, the allegations against the applicant is that he was harassing the deceased physically and mentally with regard to demand of dowry therefore, she has committed suicide by consuming the poisonous substance.

Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 30/12/2019. It is further submitted that father namely Harishankar and mother namely Meera Bai of deceased have sworn an affidavit stating that applicant has never made demand of dowry and tortured the deceased physically and mentally. Looking to the pandemic situation of covid-19, the actual court working is not going on and in near future it is not possible to record statements of witnesses in the Court. On these circumstances, prayer is made to release the applicant on bail.

Learned Panel Lawyer has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application. However, it is submitted that verification report of affidavit has been received and as per report the said affidavit sworn by father and mother of deceased is found true.

Having heard the contentions of learned counsel for both the parties and the affidavit sworn by father and mother of deceased as well as the pandemic situation of covid -19 due to which actual court working is not possible in near future, this repeat application (second) is allowed without commenting anything on the merits of the case. It is ordered that the applicant/accused Manoj be released on bail on his furnishing a personal bond for the sum of Rs. 1,00,000/- (Rs. One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If the Applicant shows symptoms of COVID 19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID 19 patients. If the doctor is of the opinion that the Applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

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 trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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 any offence during the entire period of bail.

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court;

The applicant shall inform the Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and

The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.

Certified Copy on payment of usual charges.