Shriram Kushwaha vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is in custody since 26.09.2020 in

connection with Crime No.241/2020 registered at P.S.-Nadan Dehat, District-Satna (M.P.) for the offences punishable under Sections 498-A, 304-B

of Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

As per prosecution story, the deceased Shivani committed suicide by hanging on 18.09.2020 at her matrimonial home. Marg was registered. It is found

that the marriage of deceased Shivani was solemnized with the son of the present petitioner. Thereafter, present petitioner and co-accused demanded

Rs.1,00,000/- as dowry. But due to non-fulfillment of demand of dowry, they humiliated and tortured the deceased, therefore, she committed suicide.

Learned counsel for the petitioner contended that the petitioner is father-in- law of the deceased. Petitioner accused is in jail since 26.09.2020.

Charge-sheet has been filed. It is time of COVID-19 so trial will take time to conclude. There is general allegation with regard to demand of dowry

and cruelty against the petitioner. There is no specific act attributed to him. Actually deceased was not ready to solemnise the marriage with son of

the petitioner/accused but parents of the deceased pressurized her to solemnize marriage with the present petitioner's son. It is also submitted that the

deceased was having love affair with another person, due to which the deceased committed suicide. There is no probability of his absconding or

tampering with the evidence of the prosecution. On these grounds, learned counsel for the petitioner prays for grant of bail to the petitioner.

Learned Panel Lawyer opposes the application of the petitioner/accused. Considering the contention of both the parties and the fact that the petitioner

is father-in-law of the deceased, there is general allegation against the petitioner regarding demand of dowry and cruelty there is no specific act

attributed against him. Petitioner is in jail since 26.09.2020. Charge-sheet has been filed. It is the time of COVID-19 due to which conclusion of trial

court will take time, there is no probability of his absconding or tampering with the prosecution evidence and, it would be appropriate to release the

petitioner on bail, therefore, without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be

acceptable. Consequently, it is hereby allowed.

It is directed that petitioner- Shriram Kushwaha be released on bail subject to his furnishing a personal bail bond in the sum of Rs.50,000/- (Rupees

Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the learned 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 petitioner 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 petitioner 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, it would be appropriate to issue the following direction to the jail

authority :-

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

The petitioner 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 petitioner 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 rules