Shyam Batham vs State Of M.P

Rajeev Kumar Shrivastava, J

This is eighth application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 01/8/2018 in connection with Crime No.335/2018 registered at Police Station Madhoganj, District Gwalior for

offence under Sections 304-B and 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

It is submitted by learned counsel for applicant Shyam Batham that this is eighth bail application of the applicant. Earlier fifth and sixth bail application

were rejected on merits on 04/3/2020 and 09/9/2020 respectively with liberty to revisit this Court after recording of all important prosecution

witnesses. Now, all the prosecution witnesses have been examined and the case is listed for examination of accused. It is further submitted that

applicant is innocent. He has not committed any offence. He is aged around 32 years and is in custody since almost three years. Hence, prayed for

grant of bail to the applicant.

Per contra, learned State counsel opposed the bail application and has submitted that present applicant is the husband of the deceased who compelled

her to consume poisonous substance due to which the deceased died and the prosecution witnesses examined have given evidence against the present

applicant. Hence, prayed for rejection of bail application.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the submissions made by learned counsel for the applicant as well as the custody period of the applicant, i.e. around three years as well as

the fact that all the prosecution witnesses have been examined, without commenting on merits of the case, the application is allowed and it is hereby

directed that the applicant shall be released on bail his furnishing personal bond of Rs. 1,00,000/- (Rupees One Lakh only) with one solvent surety in

the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it

is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if the test is

found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for

release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local

administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State

Govt. or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the instructions (whether general or

specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence of which he is accused;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

6 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7 . The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public

Prosecutor to send E-copy of this order to SHO of concerned police station for information;

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for Compliance.

Certified copy/ e-copy as per rules/direction.