Vinod Tomar vs State Of M.P

Rohit Arya, J

This is second bail application under Section 439 Cr.P.C. The first bail application was dismissed as withdrawn with liberty to revive the prayer after completion of two years detention period on 17.11.2018 in M.Cr.C.No.9220/2020. The applicant is in custody since 1.5.2021 in connection with Crime No.415/2018 registered at P.S., Bagli, District Dewas for the offence punishable under Section 304-B, 34 of IPC.

As per prosecution story, marriage between the applicant and deceased was solemnized in April, 2017. On 6.11.2018 while the deceased was living with the applicant committed suicide by hanging. Accordingly, the case has been registered.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated. He is no more required for custodial investigation as challan has been filed. The applicant has already suffered jail incarceration since 17.11.2018. The material witnesses have been examined. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

Per contra, learned Govt.Advocate opposes the bail application and supports the order impugned with submission that regard being had to the statements of parents under Section 161 Cr.P.C.and before the Court complicity of the applicant cannot be ruled out. Hence, the applicant is not entitled for releasing on bail.

Upon hearing learned counsel for the parties, but without touching merits of the contentions so advanced, regard being had to the fact that applicant has suffered jail incarceration since 17.11.2018, not required for further custodial interrogation having no criminal antecedents, co-accused Ganesh (father of the applicant) and Jashoda (mother of the applicant) have been enlarged on bail and due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.2,00,000/- (Rs.Two Lacs only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;

(iii) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant;

(iv) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically;

Observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner whatsoever.

Learned Govt.Advocate is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.

Certified copy as per rules.