Vinod Pal vs State Of M.P

S.A.Dharmadhikari, J

Heard on IA No. 8497/2021, an application under Section 301(2) of the Cr.P.C.

For the reasons stated in the application, the same is allowed and Mrs. Uma Kushwah, learned counsel on behalf of the complainant and her associate is permitted to assist the prosecution.

This is the first application under Section 438 of the Code of Criminal Procedure filed by the applicant for grant of anticipatory bail.

Applicant apprehends arrest in connection with Crime No.546/2020 registered at Police Station Dabra District Gwalior (M.P.) for the offences punishable under Sections 498-A, 323, 506 and 34 of the IPC and Section 3/4 of the Dowry Prohibition Act and added Section 328 of the IPC.

Allegation against the applicant and other co-accused persons in short is that victim Seema had married with Sahab Singh on 26/04/2016. It is alleged that husband and in laws of the victim used to harass in connection with demand of dowry and they tried to kill her by giving poisonous substance in the milk. On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that applicant has falsely been implicated in the matter. It is submitted that charge-sheet has been filed and no further custodial interrogation is required in the matter. Applicant is brother in law (Nandoi) of the complainant and has no role to play in the offence. According to the dying declaration, the complainant did not take name of the present applicant. As such, no offence under Section 328 of the IPC can be attributed to the applicant. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. Earlier co-accused Mantoli has been released on bail vide order dated 01/02/2021 passed in M.Cr.C. No. 366/2021. He is permanent resident of District Gwalior (M.P.) Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. With the aforesaid submissions, prayer for grant of anticipatory bail is made.

Learned Panel Lawyer opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out and counsel for the complainant submitted that complainant and applicant have entered into compromise for which separate application has been filed before the Trial Court.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicant, he shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Arresting Authority.

The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygine etc. to avoid proliferation of Corona virus.

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 her;

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

3.The applicant will not indulge herself in extending inducement, threat o r promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Office, as the case may be;

The applicant will not seek unnecessary adjournments during the trial; and

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

6 . If the applicant commits any offence after being released on bail, then this order shall automatically stand cancelled without reference to the Court.

A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.