Rahees vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C.

The applicant is in custody since 05.11.2020 in connection with Crime No.829/2020 registered at Police Station-Pathariya, Distt.-Damoh (MP), for the

offences punishable under Sections 498-A, 306 and 34 IPC.

As per prosecution, on 29.10.2020, deceased Gajli Bahu committed suicide by setting herself ablaze. Marg was registered. It is found that husband of

the deceased died one year ago. The present applicant is brother-in-law (devar) of the deceased. He and his wife (co-accused) used to quarrel with

the deceased on the issue of entry and exit of the house from their courtyard. They wanted to throw away the deceased from the house. Present

accused and his wife used to humiliate and torture the deceased and due to this reason she committed suicide. Thereafter, case has been registered

against the applicant and other co-accused.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. No case is made out under Section 498-A and

306 read with Section 34 of IPC against him. There is no material available on record on which it can be said that the applicant abetted the deceased

to commit suicide. The applicant/accused was residing separately from the deceased. The deceased was in depression due to death of her husband, so

she committed suicide. The other co-accused has already been released on bail by this court vide order dated 08.12.2020 passed in M.Cr.C. No.

46961/2020. The accused/applicant is brother-in-law (devar) of the deceased. He is in jail since 5.11.2020. Charge-sheet has been filed. It is the time

of COVID-19 Pandemic due to which trial will take time for final disposal. There is no probability of applicant's absconding or tampering with the

prosecution evidence. 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 opposes the bail application by submitting that accused/applicant and other co-accused person humiliated and

tortured the deceased due to this she committed suicide, so accused/applicant is not entitled to be released on bail.

Considering the contentions of both the parties and the fact that the applicant is brother-in-law of the deceased, there is dispute with regard to entry

and exit of the house, husband of the deceased expired one year ago due to which she was in depression, no specific act is attributed to the applicant,

charge-sheet has been filed, applicant is in jail since 5.11.2020, it is the time of COVID-19 pandemic due to which conclusion of trial will take time,

there is no probability of his absconding or tampering with the prosecution evidence, it would not be appropriate to keep the applicant in jail during

whole the trial, 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-Rahees be released on bail on her furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety

of the same amount each to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the

concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 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.

Certified copy as per rules.