Madhya Pradesh High Court
MCRC/47401/2020 of SUNIL Vs THE STATE OF MADHYA PRADESH on 31 December 2020
HIGH COURT OF MADHYA PRADESH M.Cr.C.47401/2020 ( Sunil vs. State of
HIGH COURT OF MADHYA PRADESH
M.Cr.C.47401/2020
( Sunil vs. State of M.P. )
Gwalior, Dated: 31/12/2020
Shri Ashish Singh Chauhan, learned counsel for the applicant.
Shri Manish Nayak, learned Panel Lawyer for respondent/State.
Matter is heard through Video Conferencing.
This is the first bail application u/S.439 Cr.P.C filed by theapplicant for grant of bail.
Applicant has been arrested on 19.09.2020 by Police StationMyana, District Guna (M.P.) in connection with Crime No.249/2020registered for the offence punishable under Sections 304-B and 498-A of IPC.
It is submitted by learned counsel for the applicant-Sunil , whois brother-in-law of the deceased that the applicant is in custody since19.9.2020. He has not committed any offence. Then deceasedconsumed poisonous chemical and died. She was an educated ladyand resident of a big city. Her marriage was performed against herwill, so she was not feeling comfortable in her in laws house. Therewas neither demand of dowry on the part of the present applicant, norany harassment with the deceased. It is further submitted that co-accused, mother-in-law of the deceased has been granted the benefitof bail in M.Cr.C. No.34130/2020. Now charge sheet has been filedand the conclusion of trial will take its own time. Hence, prayed forgrant of bail. He further undertakes to abide by all the terms and 02 M.Cr.C.47401/2020
conditions of guidance, circulars and directions issued by CentralGovernment, State Government as well as Local Administrationregarding measures in respect of COVID-19 Pandemic and maintainhygiene in the vicinity while keeping physical distancing.
Per contra, State Counsel has vehemently opposed the bailapplication and has submitted that the offence is registered underSections 304(B) and 498(A) of IPC, wherein the role of presentapplicant is prominent and the present applicant is brother in law ofthe deceased. In case of grant of bail to the present applicant, theprosecution evidence will be adversely affected. Hence, prayed fordismissal of the bail application.
Heard learned counsel for the parties at length through VideoConferencing and considered the arguments advanced by them andperused the available case-diary.
In view of the aforesaid and considering the facts andcircumstances of the case and now investigation is complete andcharge sheet has been filed and trial will take its own time, theapplicant is brother-in-law of the deceased and he is in custody since19.09.2020, without commenting upon the merits of the case, theapplication is allowed and it is hereby directed that the applicant shallbe released on bail on his furnishing personal bond ofRs.Rs.1,00,000/- (Rupees One Lac only) with one solvent surety ofthelike amount to the satisfaction of the Court concerned for hisregular appearance before the Court concerned on the dates fixed by the Court concerned.
In view of COVID-19 pandemic, the Jail Authorities aredirected that before releasing the applicant, his/herCorona Virus testshall be conducted and if it is found negative, then the concernedlocal Administration shall make necessary arrangements for sendingthe applicant to his/her house, and if his/her test is found positive thenthe applicant shall be immediately sent to concerning hospital forhis/her treatment as per medical norms. If the applicant is fit forrelease and if he/she is in a position to make his/her personalarrangements, then he/she shall be released only after taking duetravel permission from local administration. After release, theapplicant is further directed to strictly follow all the instructionswhich may be issued by the Central Government/State Governmentor Local Administration for combating the COVID-19. If it is foundthat the applicant has violated any of the instructions (whether generalor specific) issued by the Central Government/State Government orLocal Administration, then this order shall automatically lose itseffect, and the Local Administration/Police Authorities shallimmediately take him/her in custody and would send him/her to thesame jail from where he/she was released.
This order will remain operative subject to compliance of thefollowing conditions by the applicant/s :-
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1. The applicant/s will comply with all theterms and conditions of the bond executed byhim/her;
2. The applicant/s will cooperate in theinvestigation/trial, as the case may be;
3. The applicant/s will not indulgehimself/herself/themselves inextendinginducement, threat or promise to any personacquainted with the facts of the case so as todissuade them from disclosing such facts to theCourt or to the Police Officer, as the case may be;
4. The applicant/s shall not commit an offencesimilar to the offence of which he/she is accused;
5. The applicant/s will not move in the vicinityof complainant party and applicant/s will not seekunnecessary adjournments during the trial;
6. The applicant/s will not leave India withoutprevious permission of the trial Court/InvestigatingOfficer, as the case may be; and
7. The applicant/s will inform the SHO ofconcerned Police Station about his/her/theirresidential address in the said area and it would bethe duty of the State Counsel to send E-copy of thisorder to SHO of concerned Police Station forinformation.
Application stands allowed and disposed of.
E- copy of this order be sent to the trial Court concerned forcompliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
vv
(Rajeev Kumar Shrivastava)
Judge
Digitally signed by SMT VALSALA VASUDEVAN Date: 2021.01.01 18:38:01 +05'30'