Salman vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Ms. Aishwarya Singh, learned Panel Lawyer for the respondent/State. This is first application under Section 439 of the Cr.P.C. filed on behalf of the

applicant in connection with Crime No.651/2019 registered at Police Station Aishbagh, District Bhopal (M.P.) under Sections 304-B, 498-A of IPC

Act. The applicant is in jail since 19.10.2019.

It is alleged that the wife of the applicant has committed suicide within a period of three years because of demand of dowry. The marriage had taken

place on 24.09.2016 and the incident had occurred on 03.10.2019. The statements of parents were recorded after 15 days i.e. on 19.10.2019 wherein

the omnibus allegation of demand of dowry against the present applicant has been made. There is also a child out of wedlock of the applicant and

deceased.

Taking into consideration the totality of the facts of the case and the fact that the statement of the the parents was recorded after 15 days wherein

only general omnibus allegation of demand of dowry has been made, I am of the view that the applicant is entitled for grant of bail.

It is directed that Applicant- Salman shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with

one surety each of the like amount to the satisfaction of the learned Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Writ Petition No. 1/2020 and ensure

that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct

him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion

that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till their place of residence.

With the above the application is finally disposed of.

 It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled

automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

 A typed copy of this order is being forwarded to the Office of the Advocate General, on its email address, for intimation to the Police Station

concerned. The office is requested to forward a copy of this order to the learned Court below.

Certified copy as per rules.