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2020 DIGILAW 848 (MP)

Dhalal Damahe v. State Of Madhya Pradesh

2020-09-03

SANJAY DWIVEDI

body2020
JUDGMENT Sanjay Dwivedi, J. - Case-Diary is available. 2. Heard. 3. This second 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.81/2020 registered at Police StationKhairlanji, District-Balaghat, for the offence punishable under Sections 498-A, 304-B, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, 1961. 4. The applicant's first bail application was dismissed as withdrawn with liberty to move afresh after two months, vide order dated 10.06.2020 passed in M.Cr.C. No.13642/2020. 5. Learned counsel for the applicant submits that the applicant is in custody since 11.04.2020. He further submits that there was no allegation against the present applicant in respect of demand of dowry, although the deceased in her statement recorded under Section 161 of the Cr.P.C., has made allegation against the present applicant that he used to address the deceased saying that she was barren. 6. On the other hand, learned Panel Lawyer appearing for the respondent/State opposes the bail application and submits that the word which has been used by the applicant comes under the definition of cruelty and because of that, the deceased has committed suicide. 7. Considering the rival contentions of learned counsel for the parties, taking note of the facts and circumstances of the case and the period of custody so also the fact that there is an outbreak of pandemic (COVID-19) in the country, without commenting anything on the merits, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed. 8. 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 same amount to the satisfaction of the Court concerned for his appearance on the dates given by it. 9. It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure. 10. The jail authority is also directed to ensure that 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. 10. The jail authority is also directed to ensure that 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. 11. A copy of this order be forwarded to the concerned trial Court through E-mail.