MCRC/52863/2020 of SHRIRAM KUSHWAHA Vs THE STATE OF MADHYA PRADESH on 31 December 2020

The High Court Of Madhya PradeshMCRC-52863-2020

(SHRIRAM KUSHWAHAVs THE STATE OF MADHYA PRADESH)

[31][-][12][-][2020]Jabalpur, Dated :

Heard through Video Conferencing.

Shri Yogesh M. Tiwari, Advocate for the petitioner.

Shri Dharmendra Kumar Kaurab, PL for the respondent/State.

This is first bail application filed by the petitioner under Section 439 of theCode of Criminal Procedure. The petitioner is in custody since 26.09.2020 inconnection with Crime No.241/2020 registered at P.S.-Nadan Dehat, District-Satna(M.P.) for the offences punishable under Sections 498-A, 304-B of Indian PenalCode and Section 3/4 of Dowry Prohibition Act.

As per prosecution story, the deceased Shivani committed suicide by hangingon 18.09.2020 at her matrimonial home. Marg was registered. It is found that themarriage of deceased Shivani was solemnized with the son of the present petitioner.Thereafter, present petitioner and co-accused demanded Rs.1,00,000/- as dowry. Butdue to non-fulfillment of demand of dowry, they humiliated and tortured thedeceased, therefore, she committed suicide.

Learned counsel for the petitioner contended that the petitioner is father-in-law of the deceased. Petitioner accused is in jail since 26.09.2020. Charge-sheet hasbeen filed. It is time of COVID-19 so trial will take time to conclude. There isgeneral allegation with regard to demand of dowry and cruelty against the petitioner.There is no specific act attributed to him. Actually deceased was not ready tosolemnise the marriage with son of the petitioner/accused but parents of thedeceased pressurized her to solemnize marriage with the present petitioner's son. Itis also submitted that the deceased was having love affair with another person, due towhich the deceased committed suicide. There is no probability of his absconding or tampering with the evidence of the prosecution. On these grounds, learned counsel for the petitioner prays for grant of bail to the petitioner.

Learned Panel Lawyer opposes the application of the petitioner/accused.

Considering the contention of both the parties and the fact that the petitioneris father-in-law of the deceased, there is general allegation against the petitionerregarding demand of dowry and cruelty there is no specific act attributed against him.Petitioner is in jail since 26.09.2020. Charge-sheet has been filed. It is the time of 2MCRC-52863-2020COVID-19 due to which conclusion of trial court will take time, there is noprobability of his absconding or tampering with the prosecution evidence and, itwould be appropriate to release the petitioner on bail, therefore, without commentingon merits of the case, application of the petitioner under Section 439 of the Cr.P.C.seems to be acceptable. Consequently, it is hereby allowed.

It is directed that petitioner- Shriram Kushwaha be released on bail subjectto his furnishing a personal bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction ofthe learned JMFC concerned or trial Court for his appearance before the trial Courton the dates given by the concerned Court. It is directed that the petitioner shallcomply with the provisions of Section 437(3) of the Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the petitionershall also comply the rules and norms of social distancing. Further, in view of theorder passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would beappropriate to issue the following direction to the jail authority :-