Lakhan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2283 MP

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                    THE HIGH COURT OF MADHYA PRADESH
                          M.Cr.C. No.27118/2021
                                 (Lakhan vs. State of M.P.)

Gwalior, Dated : 11.06.2021

      Heard through videoconferencing.

      Shri Anil Jha, counsel for the applicant.

      Shri Dheeraj Budholiya, Panel Lawyer for the respondent/State.

Case diary is available.

The applicant has filed this second application u/S 439 Cr.P.C.

for grant of bail. The applicant has been arrested by Police Station

Dabra, District Gwalior in connection with Crime No.370/2019

registered in relation to the offence punishable under Sections 302, 147

of IPC. First application was dismissed vide order dated 18.01.2021

passed in M.Cr.C. No.46118/2020.

It is alleged that the applicant is the father-in-law of the

deceased. He is in custody since 29.06.2019. There are omnibus

allegations against the present applicant of setting the deceased on fire

along with other co-accused. Three witnesses were already been

examined before the trial Court. It is submitted that looking to the

present scenario of Covid Pandemic -19 coupled with the custody

period of the applicant and that he is aged about 62 years, he prays for

grant of bail. It is submitted that he is being made accused only on the

basis of dying declaration of the deceased wherein she has categorically

stated that Jethani Kamlesh, Nand Santo and husband have poured the

kerosene oil and applicant i.e. father-in-law Lakhan, Jeth Rakesh and

mother-in-law Savitri have set her on fire. It is submitted that he is

ready to abide by all the terms and conditions that may be imposed by

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.27118/2021 (Lakhan vs. State of M.P.)

this Court and further placed the reliance passed by the Hon'ble

Supreme Court RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS in SUO MOTU W.P. (C) No. 1/2020 as well as by

the Division Bench of the Principal seat on 17.05.2021 IN RE:

CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO

MOTU W.P.(C) No.9320/2021 regarding decongestion of

prisoners.The deceased husband is already in custody. There were no

complaints regarding harassment or torture being caused earlier by the

present applicant.

Per contra, counsel for the State has opposed the bail application

and prays for its rejection.

Taking into consideration the over all facts and circumstances of

the case and also the fact there is no further requirement of custodial

interrogation of the present applicant coupled with the fact that the

husband is already in custody and further considering the judgments

passed by the Hon'ble Supreme Court and Division Bench of this Court

in the aforementioned cases, considering the present scenario of

Second Phase of Covid -19, this Court deems it appropriate to consider

this application for grant of interim bail.

Accordingly, this application is allowed for a period of 90 days.

The applicant is directed to be released for a period of 90 days (from

the date of his release) on furnishing a surety bond of Rs.50,000/-

(Rs. Fifty thousand Only) with two solvent sureties in the like

amount to the satisfaction of trial Court. The applicant shall submit

written undertaking that he will abide by all terms and conditions of the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.27118/2021 (Lakhan vs. State of M.P.)

different circulars, orders as well as guidelines issued by the Central

Government, State Government as well as Local Administration for

maintaining social distancing, hygiene etc to avoid Novel Corona Virus

(COVID -19) pandemic and he will have to install Arogya Setu

App, if not already installed. The applicant shall surrender

before trial Court, concerned on completion of 90 days

from the date of release and information to this effect

shall be sent by the court concerned to Registry of this

court.

This order will remain operative subject to compliance of the

following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

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

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

4. The applicant shall not commit an offence similar to the offence of which he is accused;

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

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

7. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

In view of the COVID-19, jail authorities are directed that before

releasing the applicant, medical examination of applicant shall be

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.27118/2021 (Lakhan vs. State of M.P.)

undertaken by the jail doctor and on prima facie, if it is found that he is

having the symptoms of COVID-19, then consequential follow up

action including the isolation/quarantine or any test if required, be

ensured, otherwise applicant shall be released immediately on bail and

shall be given a pass or permit for movement to reach his place of

residence.

E- copy of this order be provided to the applicant and E-copy of

this order be sent to the trial Court concerned for compliance. It is

made clear that E-copy of this order shall be treated as certified copy

for practical purposes in respect of this order.

(VISHAL MISHRA) JUDGE van SMT VANDANA VERMA 2021.06.14 11:46:23

-07'00'