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2020 DIGILAW 1053 (MP)

Mohan v. State Of M. P.

2020-10-08

SANJAY DWIVEDI

body2020
JUDGMENT Sanjay Dwivedi, J. - Heard. 2. This third bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.211/2018 registered at Police Station-Buxwaha, District Chhatarpur (M.P.), for the offence punishable under Sections 304-B, 498-A and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. 3. Learned counsel for the applicant submits that this is third bail application of the applicant because on earlier occasion, the bail application filed by the applicant was rejected on merits directing the trial Court to conclude the trial within a period of six months but at present, the trial could not be completed as physical trial is not being conducted in the trial Court. He further submits that statements of most of the witnesses have already been recorded and thereafter, vide order dated 13.08.2020, the mother of the present applicant against whom similar allegations were levelled, has also been enlarged on bail in M.Cr.C. No.882/2020. He submits that the applicant is in jail since 04.08.2018 and considering the present scenario, he may be enlarged on bail. 4. On the other hand, learned Panel Lawyer appearing for the respondent/State has opposed the prayer for grant of bail made by learned counsel for the applicant and submits that merely trial is not being conducted, the same cannot be made basis for granting bail to the applicant. 5. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, so also the fact that the co-accused persons against whom similar allegations were levelled has been granted bail and considering the outbreak of pandemic (COVID-19) in the country, I am of the opinion that the applicant can be enlarged on bail, therefore, without commenting on the merits of the case, the bail application of the applicant is allowed. 6. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court. 7. It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure. 8. 7. It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure. 8. The jail authority is also directed to ensure that before his release, the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released. 9. Certified copy as per rules. 10. The Registry is directed to send a copy of this order to the concerned trial Court through E-mail.