Shahnawaj Siddiqui vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant, who is in custody since 07.09.2020 in connection with Crime No.225/2020 registered at Police Station Nowgaon Chhatarpur, District Chhatarpur (M.P.) for the offences punishable under Sections 304-B, 498-A & 34 of IPC and under Section 3/4 of the Dowry Prohibition Act, 1961.

The allegation against the present applicant is that he happens to be the brother-in-law of the deceased, who committed suicide on 17.05.2020.

Learned counsel for the applicant has submitted that in the present case soon after the commission of suicide by deceased Rizwana her brother create an assault with the family members of the applicant in which a case under Section 307 of IPC has also been registered against him and soon thereafter when the present case was registered all the family members of the husband of the deceased were implicated. It is further submitted that so far as the present applicant is concerned there are no omnibus allegations and otherwise also there was no reason for the applicant to demand any dowry from the wife of his elder brother.

Counsel has further submitted that in similar circumstances this Court had also allowed the bail application of the uncle and aunt of the husband of the deceased in M.Cr.C. No.18793/2020 dated 14.07.2020 and the case of the present applicant is similar to them. It is further submitted that the final conclusion of the trial is likely to take sufficiently long time on account of Covid-19 situation, hence the counsel for the applicant prays for grant of bail. Learned counsel for the State on the other hand has opposed the prayer.

Having considered the rival submissions of the parties and after perusing the case diary as also the allegation levelled therein against the present applicant, this Court finds that the case of the present applicant is identical to that of the other co-accused persons. In view of the same, the bail application filed by the applicant is hereby allowed without expressing any opinion on the merits of the case.

Accordingly, it is directed that applicant-Shahnawaj Siddiqui shall be released from custody upon furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with a solvent surety of the like amount to the satisfaction of the concerned Court for his appearance before the concerned Court on all the dates of hearing fixed in this behalf by the Court concerned during trial.

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 his place of residence.

With the above the application is finally disposed of.

A typed copy of this order is being forwarded to the Office of the Advocate General and to the learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the concerned Court.

Certified copy as per rules.