Pooran Rajak vs State of Madhya Pradesh

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.

Heard learned counsel for the parties.

Case diary perused.

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested on 20.08.2020 by Police Station - Civil Line, Morena (M.P.) in connection with Crime No.437/2020 registered in relation to the offence punishable under Sections 304B, 498A and 34 of IPC.

The allegations against the applicant, in short, are that the present applicant, who is the father-in-law of the deceased Girja, alognwith other co-accused persons was involved in subjecting the deceased to cruelty and harassment due to non-satisfaction of dowry and, ultimately on 07.06.2020 dead body of Girija was found hanging in her matrimonial home under suspicious circumstances within seven years of her marriage. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant, who is the father-in-law of the deceased, has been falsely implicated in the case. Applicant is in custody since 20.08.2020. Charge sheet has been filed. No further custodial interrogation is required. Omnibus allegations have been levelled against the applicant and other co-accused. Section 304B of IPC is not attracted inasmuch as marriage took place in the year 2012, whereas in the FIR it has been mentioned that the marriage took place on 18.04.2014. Co-accused, mother in law Smt. Kamlesh has been enlarged on anticipatory bail by this Court vide order dt.22.09.2020 in M.Cr.C.No.33925/2020. Learned counsel for the applicant further submitted that in view of COVID-19 outbreak, detention of applicant in already congested prisons may be detrimental. It is also submitted that the applicant can not be kept in custody for indefinite period. Applicant is a permanent resident of District Morena 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.

Learned Panel Lawyer for the State opposed the application contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out and prays for rejection of the application.

At this stage, learned counsel for the applicant volunteered to deposit an amount of Rs.5,000/- (Rs.Five Thousand Only) in the account of the High Court Bar Association, Gwalior.

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 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 local 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.

It is made clear that benefit of bail shall be extended to the applicant only on depositing an amount of Rs.5,000/- (Rs.Five Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing COVID-19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. The applicant shall submit an attested photocopy of such receipt before the concerned court for placing the same on record.

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

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 shall install Arogya Setu App (if not already installed) in his mobile phone;

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. Learned Panel Lawyer 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.