Sanjeev Soni vs State Of M.P.

This is first bail application filed by the applicant under Section 439 o f the Code of Criminal Procedure.

The applicant is i n custody since 27.06.2020 in connection with Crime No.434/2020 registered at Police Station- Chhola Mandir, District -Bhopal for the offence punishable under Sections 498-A, 304-B and 34 of the IPC and section 3/4 of Dowry Prohibition Act.

As per prosecution story, on 26.04.2020, deceased was aged about 22 years, deceased/Priyanka Soni committed suicide by hanging herself at her matrimonial home . Thereafter, Merg was registered. During Merg inquiry, it was found that the marriage of Priyanka Soni was solemnized with co-accused/Rohit Soni on 21.02.2019. The applicant/accused insisted other co-accused persons for demanding Rs.1,00,000/- as dowry from the deceased and due to non-fulfillment of dowry, they tortured and humiliated the deceased, due to which feeling harassed she committed suicide. It is also alleged that applicant/accused abated co-accused to torture and humiliated the deceased. Thereafter, Police has registered the aforesaid offence against the applicant/accused and other co-accused persons.

Learned counsel for the applicant submits that the applicant/accused has been falsely implicated in this case. He is brother-in-law of deceased, he is residing separately from the deceased and her husband. There is general allegation with regards of demand of dowry and humiliation against the applicant/accused, no overt act alleged against him. He did not make any demand of dowry from the deceased or her parents and he did not commit any cruelty with deceased in this regard. The applicant is i n ja i l since 27.06.2020. Applicant/accused aged about 40 years, charge-sheet has been filed. Further proceedings of this case in trial court is withheld due to pandemic COVID-19, so its conclusion will take time for final disposal. He has n o previous criminal antecedent. There i s n o probability of his absconding and tampering with the evidence. Other co-accused released on bail, there is a general allegation about demand dowry and commit cruelty against the applicant/accused. On these grounds, learned counsel prays for grant of bail to the applicant.

Per contra, learned Govt. Advocate opposes the bail application.

Considering the contention of both the parties and the fact tha t the applicant/accused is brother-in-law of deceased, he is residing separately from the deceased and her husband. There is a general allegation with regards to demand of dowry and cruelty, no overt act is attributed against him, no previous complaint is lodged by the deceased or her parents against the applicant/accused. Charge- sheet has been filed, applicant/accused is in jail since 27.06.2020, there is no probability of his absconding or tampering with the prosecution evidence, the trial will take time for final disposal due to outbreak of pandemic COVID-19, it would not be appropriate to keep the applicant/accused whole 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 -Sanjeev Soni be released on bail on his furnishing a personal bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety i n the like amount t o the satisfaction o f 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, i t 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.

The applicant shall not b e released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility. M.Cr.C. stands disposed of.

Certified copy as per rues.