Madhya Pradesh High Court

MCRC/27856/2020 of SALIM Vs STATE OF M.P. on 31 December 2020

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COURT OF MADHYA PRADESH, INDORE BENCH MCRC No.27856/2020 Salim vs. State of

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THE HIGH COURT OF MADHYA PRADESH, INDOREBENCH

MCRC No.27856/2020Salim vs. State of M.P.

Indore, dated :31.12.2020

Heard through Video Conferencing.

Shri Vivek Singh, learned counsel for the applicant.

Shri A.K. Saxena, learned counsel for the objector.

Shri R.K. Shastri, learned Panel Lawyer for the non-applicant –

State.

This is 5[th]bail application under Section 439 of Cr.P.C. forgrant of bail. The applicant, who is implicated in Crime No.136/2019registered at Police Station Talen District Rajgarh for the offencepunishable under Sections 498-A, 323, 326, 506/34 of IPC and ¾ ofProhibition of Dowry Act. The applicant is in custody since03.09.2019.

Earlier, first, third and fourth bail applications have dismissedas withdrawn and second bail application of the applicant has beenrejected on merits.

As per the prosecution story, the applicant got married with thecomplainant Mariyam under the Muslim customs and rituals. Shelodged an FIR on 17.04.2019 alleging that her mother-in-law, husbandand sister-in-law are harassing her for demand of dowry ofRs.1,00,000/- and a plot registered in the name of her father. On thedate of incident, mother-in-law of the complainant had given a blowon her head and when she tried to save her head by hand, her fingerhas been fractured. On the basis of the aforesaid FIR, a case has beenregistered against all the three accused persons.

Learned counsel for the applicant submits that the applicant hasfalsely been implicated in the present case. The applicant is in custodysince 03.09.2019. There is no criminal antecedents of the applicant.Other two co-accused have already been granted bail by this Courtand there is no specific allegation against the applicant that he has caused any injury to the injured and there is only omnibus allegationfor demand of dowry against the applicant. The conclusion of trial islikely to take time, hence prayed for release of the applicant on bail.

Learned counsel for the State as well as counsel for the objectorhave also heard and have opposed the bail application.

Perused the case diary.

In view of the submissions made by learned counsel for theparties and mainly the submissions made by learned counsel for theapplicant, without commenting on the merits of the case, theapplication filed by the applicant is allowed. The applicant is directedto be released on bail on his furnishing a personal bond in the sum ofRs.40,000/- (Rupees Forty Thousand only) with one solvent suretyof the like amount to the satisfaction of the trial court for his regularappearance before the trial court during trial with a condition that heshall remain present before the court concerned during trial and shallalso abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicant from the custody, the jailauthorities are directed to medically examine him in order to rule outthe possibility of COVID-19 infections and shall comply with thedirections given by the Hon'ble apex Court in Writ PetitionNo.01/2020.

CC as per rules.

(Vivek Rusia) Judge

amit

Digitally signed by Amit Kumar Date: 2021.01.02 14:25:25 +05'30'

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