Mohit vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 10.07.2021 in connection with Cr i me No.258/2021 registered at Police Station-Mohkhed, Distt.- Chhindwara (M.P.) for the offence punishable under Sections 304-B, 498-A r/w Section 34 of IPC and Section 3/4 of Dowry Prohibition Act.

As per prosecution case on dated 08.07.2021, deceased Parul committed suicide by hanging herself at her matrimonial home. Marg was registered. It is found that the marriage of deceased Parul was solemnized with the present applicant-accused Mohit three years ago. Thereafter, some dispute arose regarding expenses of marriage. Accused/applicant and co-accused demanded some amount from the parents of deceased. Due to this, they humiliated and tortured her, so deceased committed suicide. Present applicant-accused Mohit also demanded dowry from the deceased.

Learned counsel for the applicant-accused submits that the applicant has been falsely implicated in this case. Actually, applicant-accused did not demand any dowry from the deceased and her parents. Applicant-accused did not commit cruelty with deceased. Actually, at the time of marriage some gifts and cash were given to the bridegroom but that cash and gifts were kept by the parents of the deceased due to this some dispute arose between the father of deceased and deceased. Due to this, deceased was annoyed. There was some dispute arose regarding expense of the marriage. Marriage was solemnized at Mahajan Lan Management. The father of applicant-accused paid all expenditure of the Mahanja Lan Management. According to its condition, both parties had to bear fifty-fifty percent of the charge but father of the deceased did not pay any amount. On dated 07.07.2021, deceased was at her parental house. Thereafter, on dated 07.07.2021, some dispute arose between the family members of the deceased then deceased came with appellant-accused at her matrimonial home. The father of deceased could not return the amount to the family of the applicant-accused of the Marriage Lan Management due to this deceased was annoyed and committed suicide due to bad behaviour of her family members. The applicant has deposited Rs. 1,88,000/- in the account of deceased bearing No. 3794336615 so there is no question of demand of dowry. Applicant-accused has one child aged one and half year. Applicant is doing private job and is maintaining his child. No specific allegation in regards of demand of dowry and cruelty with deceased against the applicant-accused. Other co-accused have already been granted bail by this Court on dated 27.08.2021 & 20.09.2021 passed in M.Cr.C. Nos. 40644/2021 & 44656/2021.

Applicant-accused is in jail since 10.07.2021. Charge-sheet has been filed. It is the time of pandemic COVID-19 due to which conclusion of trial will take time for final disposal. There is no probability of his absconding or tampering with the prosecution evidence. Applicant is a bread earner of his family. If he is kept in custody for unlimited period, then future of his family will be spoiled. The accused/applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer for the respondent-State opposes the said bail application.

After hearing arguments of the parties, looking to the circumstances of the case, it appears that there was dispute between both the parties regarding expenditure of marriage and also the facts that there is no previous complaint has been lodged neither by the deceased nor her parents against the applicant-accused regarding demand of dowry and cruelty, no specific act attributed against the applicant-accused, applicant-accused has one child, his responsibility to take care of that child, he is the bread earner of his family, he is in custody since 10.07.2021, charge-sheet has been filed, other co-accused have been released on bail by this Court, it is the time of pandemic COVID-19 due to which conclusion of trial will take time, there is no probability of his absconding or tampering with the prosecution evidence, he is the bread earner of his family, therefore, without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Mohit be released on bail on his furnishing a personal bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the same like amount sto the satisfaction of the learned JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the applicant is suffering from 'Corona Vi r us disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.