Rupesh vs State Of Madhya Pradesh

Heard.

This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.333/2020 registered at Police Station-Parasiya, District-Chhindwara, for the offence punishable under Sections 304-B and 498-A of the Indian Penal Code.

Learned counsel for the applicant submits that the applicant is in custody since 29.07.2020. He submits that charge-sheet has also been filed. He further submits that there is no specific allegation about demand of dowry but omnibus allegations have been made by the parents of the deceased. They did not lodge the FIR but the FIR has been lodged by the husband of the deceased apprising the police that the deceased has committed suicide. He further submits that there was some quarrel in the family that wife was pressurizing the husband to keep her with him but the husband refused to keep her with him because he has limited resources and it was not possible for him to manage the affairs of the family and, therefore, he asked his wife (deceased) to live with her in-laws.

On the other hand, learned Panel Lawyer appearing for the respondent/State opposes the bail application and submits that in view of the statement of parents, the applicant should not be released on bail.

Considering the rival contention of learned counsel for the parties and after perusal of the case diary, I am of the opinion that at this juncture since there is no possibility of commencement of physical trial in near future and in view of the Division Bench judgment of this Court in the case of Deepak Sharma Vs. State of M.P. and another passed in M.Cr.C. No. 16979/2020, without commenting anything on the merits, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.

A copy of this order be forwarded to the concerned trial Court through E-mail.