Ravi Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 440 MP

                                   1                             MCRC-10853-2021
        The High Court Of Madhya Pradesh
                  MCRC-10853-2021
                   (RAVI YADAV Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 03-03-2021
      Shri O.P. Shrivastava, learned counsel for the applicant.

      Shri Sangam Jain, learned Public Prosecutor for the respondent-State.

This is first application under Section 439 of CrPC for grant of bail. T he applicant has been arrested on 22/11/2020 in connection with Crime No. 531/2020 registered at Police Station Gole ka Mandir, District

Gwalior for offence under Sections 498-A, 304-B and 34 of IPC and Section 3/4 of Dowry Prohibition Act.

It is submitted by learned counsel for the applicant - Ravi Yadav that the applicant is the brother-in-law (jeth) of the deceased. He has falsely been implicated. He has not committed any offence. It is further submitted that the applicant lives separately from the deceased, therefore, no offence under Sections 498-A and 304-B of IPC is made out against the applicant. In support of his submissions, learned counsel for the applicant relied upon the judgment passed by the Supreme Court in the case of Gurcharan Singh vs.

State of Punjab, [(2020) 10 SCC 200] and prayed for grant of bail to the applicant.

Learned counsel for the State opposed the prayer and has submitted that there is sufficient evidence against the present applicant of committing aforesaid offence and the deceased died due to hanging within 8 months of her marriage. Hence, prayed to reject the bail application of the applicant.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the fact that present applicant is the brother-in-law (jeth) of the deceased and was living separately from the deceased, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs. 1,00,000/- (Rupees One Lakh only) with one solvent surety 2 MCRC-10853-2021 of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make

necessary arrangements for sending the applicant to his/her house, and if the test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

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/her;

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

3. The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the 3 MCRC-10853-2021 Police Officer, as the case may be;

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

5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

7 . The applicant will inform the SHO of concerned police station about his/her residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information;

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for Compliance.

Certified copy/ e-copy as per rules/direction.

 ALOK KUMAR
                                                  (RAJEEV KUMAR SHRIVASTAVA)
 2021.03.03                                                  JUDGE
 12:44:29
 +05'30'
 11.0.8

AKS