Ravindra Jatav vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 16/7/2021 in connection with Crime No.10/2021 registered at Police Station Pawai, District Bhind for offence

under Section 304-B of IPC and Section 3/4 of Dowry Prohibition Act.

It is submitted by learned counsel for applicant Ravindra Jatav that the applicant has been falsely implicated. He has not committed any offence.

Applicant is the husband of the deceased. Deceased was already suffering from Tuberculosis and the treatment was being provided by the husband of

the deceased and his family members, despite false case has been registered against the applicant. It is further submitted that the applicant is in

custody since last one month. Investigation is complete and charge-sheet has been filed. Trial will take long time to conclude. It is further submitted

that the sister-in-law and brother-in-law of the deceased have already been granted bail by this Court. All the relevant documents in support of his

submissions including the fact that deceased was suffering from tuberculosis have been filed by the applicant. Hence, prayed for grant of bail to the

applicant.

Per contra, learned State counsel opposed the bail application and has submitted that present applicant is the husband of the deceased and the

allegation against him is of demand of dowry on account of which the deceased died due to Cardio Respiratory Failure. Hence, prayed for rejection of

bail considering the gravity of offence.

At this stage, it is submitted by learned counsel for the applicant that as per the prosecution story, the date of incident is 24/6/2021 but the FIR was

lodged with delay of around one month without explaining the reasons.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the applicant as well as other facts and circumstances of the case, without commenting

on merits of the case, the application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of

Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the Trial Court/ Committal Court for regular appearance of

the applicant before the Court on the dates given by the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and

if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his/her house, and if the

test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is

fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission

from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether

general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

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/her;

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

3 . The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as

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

The applicant shall not commit an offence of which he is accused;

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

7 . The applicant will inform the SHO of concerned police station about his/her residential address in the said area and it would be the duty of the

Public Prosecutor to send E-copy of this order to SHO of concerned police station for information;

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for Compliance.

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