Rajendra @ Banti vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this first application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested on 24.12.2020 in connection

with Crime No.132/2020 registered at Police Station Sihore, District Shivpuri for the offences punishable under Sections 304B, 498A and 34 of IPC

read with section 3/4 of Dowry Prohibition Act.

It is submitted by the counsel for the applicant that the applicant is the Jeth of the deceased and has been falsely implicated in the case. He has not

committed any offence in any manner. There are omnibus allegations against all the co-accused persons with respect to harassment and demand of

dowry. The husband has surrendered and is in custody. Anticipatory bail application of mother-in-law and father-in-law have already been allowed by

this Court vide order dated 11.11.2020 passed in M.Cr.C.No.43269/2020 on the ground of old age. It is pointed out that the applicant is separate living.

It is further pointed out that the investigation is over in the matter and charge- sheet is complete and only required to be filed before the concerning

Magistrate. He is ready to abide by all the terms and conditions as may be imposed by this Court. It is submitted by counsel for the applicant that

looking to the present scenario of COVID-19 pandemic, he prays for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that there are allegation regarding harassment and demand of dowry against

the present applicant. The deceased was brought to the matrimonial house just 15 days before the incident. The investigation is complete and charge-

sheet is only required to be filed.

The Hon'ble Supreme Court by order dated 23.03.2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO

MOTU W.P. (C) No.1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to

decongest the prisons. The Supreme Court has observed as under :-

“The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID

â€" 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus

within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of

the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of

Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For

instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which

prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the

maximum.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid,

depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is

charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate.â€​

Considering the overall facts and circumstances of the case and looking to the present scenario of COVID-19, this Court deems it appropriate to allow

this application. The application is allowed.

The applicant is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety of the like

amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and the applicant will

abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well

as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and he will have to install

Arogya Setu App, if not already installed.

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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused.

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.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the State counsel to send E-copy of this order to SHO of concerned police station as well as concerned Superintendent of Police who shall inform the

concerned SHO regarding the same.

Application stands allowed and disposed of.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

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