Seetaram Shilpi vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

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

The applicant is in custody since 1.11.2020, in connection with Crime No.398/2020, registered at Police Station Bareli, District Raisen (M.P.) for the

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

As per prosecution story, on 5.10.2020, deceased-Kajal set herself on fire, she was admitted in the hospital and on 10.10.2020, she died. Marg was

registered. It is found that the marriage of deceased-Kajal was solemnized with accused/applicant on 28.4.2018. Thereafter, accused/applicant and hi

family members used to demand one motorcycle as dowry. Due to non- fulfilment of dowry, they humiliated and tortured her, so she committed

suicide.

Learned counsel for the applicant submits that accused/applicant has been falsely implicated in this case. Previously,accused/applicant and deceased

were having love affairs. Thereafter, they solemnized marriage and blessed with two children. Deceased and accused/applicant were having love

affairs, so parents of deceased were angry with the present accused/applicant. Actually, on he date of incident, brother of deceased had come to meet

deceased at her matrimonial home. Thereafter, some altercation took place between them, then her brother had gone. Thereafter, deceased set

herself on fire. On shriek of deceased, accused/applicant reached on the spot, he tried to save his wife, but he also received burn injuries. He admitted

the deceased in the hospital. The dying declaration of deceased was recorded in the hospital, in which she alleged that she set herself on fire due to

angry. She did not allege any fact against the accused/applicant with regard to demand of dowry and cruelty. Thereafter, parents of deceased has

falsely implicated the accused/applicant in this case. Accused/applicant is father of two children. Applicant is in jail since 1.11.2020. Charge sheet has

been filed. Conclusion of trial will take time. The applicant is bread earner of his family and if he is kept in custody for an unlimited period, then future

of his family will be spoiled. There i s no possibility of his absconding or tampering with the prosecution evidence. Applicant is ready to furnish bail as

per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the

applicant.

Per-contra, learned Panel Lawyer for the respondent-State opposes the bail application.

After hearing arguments of the parties and looking to the facts and circumstances of the case and the fact that during treatment dying declaration of

deceased was recorded by Executive Magistrate, deceased did not allege any fact against the accused/applicant with regard to demand of dowry and

cruelty, accused/applicant is father of two children, no custodial interrogation is required in this case, the applicant is in jail since 1.11.2020, charge

sheet hasbeen filed, conclusion of trial will take long time, the applicant is bread earner of his family, it would not be appropriate to keep the

accused/applicant in jail during 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-Seetaram Shilpi be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one

solvent surety of the like amount to the satisfaction of 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 suomoto W.P.No.1/2020, it would be appropriate to issue the following direction

to the jailauthority :-

1.The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

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

3.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.