Sonu @ Sarvesh vs State Of M.P

Rajeev Kumar Shrivastava, J

I.A. No. 136770/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

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

The applicant has been arrested on 09/6/2020 in connection with Crime No.261/2016 registered at Police Station Porsa, District Morena for offence under Sections 304-B, 498-A, 302 and 34 of the IPC.

It is submitted by learned counsel for the applicant - Sonu @ Sarvesh that the applicant has been falsely implicated. He has not committed any offence. He is in jail since last more than four and half months. There is no involvement of the present applicant in the alleged offence. It is further submitted that other co-accused of this case have already been acquitted by the trial Court. Copies of the statements of the prosecution witnesses recorded before the trial Court have been filed wherein parents of the deceased have specifically stated that प्रीती के ससुराल वालों द्वारा मेरी पुत्री को कभी परेशान नहीं किया गया और न ही कभी दहेज की मांग की गई। मेरी पुत्री प्रीति मानसिक रूप से पीड़ित रहती थी तथा उसने स्वयं जहर खा लिया था जिससे उसकी मृत्यु हो गई थी।

It is also submitted that investigation against the present applicant is complete and charge-sheet has been filed. Hence, prayed for grant of bail to the applicant. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned counsel for the State has opposed the prayer and has submitted that the case against the present applicant is registered under Sections 304-B, 498-A, 302 and 34 of the IPC and present applicant was absconding since four years. It is further submitted that the copies of the statements which have been filed by the present applicant were recorded in respect of the other co-accused persons and cannot be considered for the present applicant. Hence, prayed to reject the bail application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.

Looking to the aforesaid facts and circumstances of the case and without commenting on merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of 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/her 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/her 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/she is in a position to make his/her personal arrangements, then he/she 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 Covid19. 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/her;

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

The applicant will not indulge herself/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 similar to the offence of which he/she is accused;

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

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

The applicant will inform the SHO of concerned police station about his/her 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/directions.