Om Prakash vs State Of Madhya Pradesh

Sushrut Arvind Dharmadhikari, J

Learned counsel for the rival parties are heard.

The applicant has filed this first application u/S. 439, Cr.P.C. for grant of bail.

The applicant has been arrested on 04.05.2022 by Police Station Gurh, District Rewa (M.P.) in connection with Crime No.48/2022 registered in relation to the offences punishable under Sections 302, 307, 498-A read with Section 34 of IPC.

Prosecution story, in short, is that on 23.02.2022 at about 11:30 PM, the accused persons harassed the deceased- Shivani Ojha and the father-in-law poured kerosene on her body, whereas co-accused Karuna Ojha, mother-in-law, lit her on fire, due to which she got burnt and was admitted in the Sanjay Gandhi Medical College and Hospital, Rewa, where her dying declaration was recorded on 24.02.2022, wherein she alleged that she had married with Deepak Ojha. Soon after the marriage, co-accused persons used to taunt the deceased in connection with demand of dowry and on the night of 23.02.2022, present applicant - Om Prakash Ojha (Jeth) called on mobile of father-in-law and instigated him to kill her and thereafter, the offence took place. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant is brother-in-law (Jeth) of the deceased. He has been falsely implicated in the case. He is in custody since 04.05.2022. Charge sheet has been filed, therefore, no further custodial interrogation is required in the matter. The allegation in the FIR is that the family members of the husband of the deceased have burnt the deceased on 23.02.2022 and she died on 28.02.2022 due to burn injury. In the medical report, it has been stated that the cause of death is septicemia. The only allegations levelled against the applicant is that he called the family members and instigated them to kill the deceased. Learned counsel for the petitioner submitted that call details and transcription are not available, therefore, it cannot be ascertained that the applicant had called them. No offence under Sections 307 and 302 of IPC is made out in absence of any overt act assigned to the applicant. The applicant is permanent resident of District Rewa (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned Panel Lawyer for the respondent/State opposed the application contending that on the basis of the allegations and material available on record, no case for grant of bail is made out. It is further submitted that the call details record is also available but it cannot be pointed out what conversation took place. There is allegation of instigation on the present applicant and his involvement in the offence cannot be ruled out. On these grounds, he prays for rejection of bail application.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a 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 trial Court/committal Court for his appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court 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:-

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/her from disclosing such facts to the Court tor to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

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.

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

Certified copy as per rules.