Satish Shukla vs The State Of Madhya Pradesh
2022 Latest Caselaw 7471 MP

Citation : 2022 Latest Caselaw 7471 MP
Judgement Date : 23 May, 2022

Madhya Pradesh High Court

Satish Shukla vs The State Of Madhya Pradesh on 23 May, 2022

Author: Vishal Mishra

                                             1
                     IN THE HIGH COURT OF MADHYA PRADESH
                                  AT JABALPUR
                                       BEFORE
                         HON'BLE SHRI JUSTICE VISHAL MISHRA
                                ON THE 23rd OF MAY, 2022

                      MISC. CRIMINAL CASE No. 24632 of 2022

          Between:-
          SATISH SHUKLA S/O SHRI RAJENDRA PRASAD SHUKLA
          , AGED ABOUT 41 YEARS, OCCUPATION: JOURNALIST
          VILLAGE DINAPUR POLICE STATION RAMPUR
          BAGHELAN DISTRICT SATNA M.P. (MADHYA PRADESH)

                                                                            .....APPLICANT
          (BY SHRI SHISHIR VERMA - ADVOCATE)

          AND

          THE STATE OF MADHYA PRADESH THROUGH POLICE
          STATION CIVIL LINE DISTRICT SATNA M.P. (MADHYA
          PRADESH)

                                                                          .....RESPONDENT
          (BY SHRI RAVINDRA RAJPUT - PANEL LAWYER )

       T h is application coming on for admission this day, t h e cou rt passed the
following:
                                          ORDER

This is the first bail application under Section 439 of Cr.P.C filed by the applicant

for grant of bail.

T he applicant has been arrested on 08.05.2022 by Police Station - Civil Line, District Satna in connection with Crime No.236/2022 for the offence punishable under Sections 498-A, 304-B, 306, 34 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

It is submitted that the applicant is not related to the deceased Shruti Dwivedi. He is a journalist by profession and the allegations against the applicant is that he used to go into the office of deceased Shruti Dwivedi and used to threatened her and has also tried

to collect personal information of Shruti Dwivedi by filing R.T.I. for which the complaint was also made by the superiors officers of the deceased Shruti Dwivedi to the S.D.O. It is submitted that no ingredients of Section 306 of Indian Penal Code is made out against the present applicant. He is in custody since 08.05.2022. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail, by placing reliance upon the judgment passed by Hon'ble the Supreme Court in the case of Sanju @ Sanjay Singh Sengar vs State Of M.P. reported in 2002 Vol.5 SCC 371 and in the case of Gurucharan Singh Vs. The State of Punjab reported in 2020 (10) SCC 200. It is submitted that the allegation of committing offence under Sections 498-A, 304-B and 34

of Indian Penal Code and Section 3/4 of Dowry Prohibition Act is against the husband and his family members. The husband is already in custody.

P er contra, counsel for the State has vehemently opposed the bail application stating therein that there are specific allegations of harassment and threatening being given by the present applicant which is clearly reflected from the statement of one Pratiksha Mishra. She has categorically stated that the applicant used to harass the deceased Shruti Dwivedi and other members of the department and also used to collect personal information of Shruti Dwivedi. She was friend of deceased Shruti Dwivedi and has stated that her matrimonial relations were not good with the husband and other family members and on the other hand, she was also being harassed and threatened by the present applicant, therefore, she used to remain under depression and has committed suicide. Investigation is still pending in the matter. The applicant being first offender is not disputed by the State counsel. On these grounds he has prayed for dismissal of the application.

Considering the over all facts and circumstances of the case and the judgments passed by the Hon'ble Supreme Court in the case of Sanju @ Sanjay Singh Sengar

(supra) and in the case of Gurucharan Singh Vs. The State of Punjab (supra), without commenting upon the merits of the case, this Court deems it appropriate to allow this application. Accordingly, the application is allowed. Subject to the verification of the fact that the applicant is the first offender, he is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

T he applicant is directed to mark his presence before the concerning Police Station in first week of every month till the conclusion of investigation and filing of charge-sheet and is directed to cooperate in the investigation. In case of failure to cooperate, the bail granted by this Court shall stand rejected automatically.

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 involve in any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically

cancelled;

5. The 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;

7. If the applicant is found involved in any case except present one, his bail shall

stand rejected without any reference to the Court;

8 . 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 Public Prosecutor 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.