Nathuram Shastri vs State Of MP

S.A. Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this First application u/S 438, Cr.P.C. for grant of bail.

Applicant apprehends arrest in connection with Crime No. 368/2020 registered at Police Station Khaniyadana, District Shivpuri for the offence

punishable under section 305 of IPC.

Allegations against the applicant, in short, is that on 27/10/2020 when the deceased Chandni had gone to attend Bhandara, at that time, the present

applicant scolded as well as told the deceased that who called her here and also told her to go and die. Thereafter, the deceased has committed

suicide on 28/10/2020 at about 5 pm by burning herself, due to which, she died. On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that applicant aged 71 years has been falsely implicated in the present case. According to him, looking to

the prosecution version, ingredients of Section 107 of the IPC are not attracted to the fact situation in hand and, as such, offence under Section 305 of

the IPC is not made out. There is neither any allegation against the applicant of harassing the deceased at any point of time nor there was any

previous enmity with the deceased, which could have driven the deceased to commit suicide. There are omnibus allegations against the applicant. It is

also submitted that applicant has not instigated, tortured or abetted the deceased to commit suicide. It is further submitted that trial is held up due to

COVID-2019 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of

outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. The applicant is permanent resident of District

Shivpuri and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as

may be imposed by this Court. With the aforesaid submissions, prayer for grant of anticipatory bail is made.

Learned State counsel opposed the application on the ground that applicant is absconding since the date of registration of FIR. Investigation against

the applicant is pending and custodial interrogation is required 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 anticipatory bail is made out.

Accordingly, without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is

hereby directed that in the event of arrest of applicant, he shall be released on bail on his furnishing a personal bond of Rs. 1,00,000-/-(Rupees One

Lakh only) with two local solvent sureties in the like amount to the satisfaction of Arresting Authority for his appearance on the dates given by the

concerned Court. The applicant shall also furnish a written undertaking 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 :-

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

He 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 or to the Police Officer, as the case may be;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial;

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

He shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicant commits any offence after being released on anticipatory bail, then this bail order shall automatically stands cancelled without

further reference to this Court.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

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