Madhya Pradesh High Court

Bheekam Singh Sikarwar vs The State Of M.P. on 4 September, 2020

Author:
Sheel Nagu

Bench:
Sheel Nagu

1 Mcrc.31755.2020

The High Court of Madhya Pradesh
M.Cr.C.31755.2020
(Bheekam Singh Sikarwar & Anr. Vs. State of M.P.)
Gwalior dated 04.09.2020

Shri Sanjay Singh, learned counsel for the petitioners.

Smt. Uma Kushwah, learned Panel Lawyer, for respondent/State.

Learned counsel for the rival parties are heard through video

conferencing.

This is first application
u/S.438
Cr.P.C. for grant of anticipatory

bail by the petitioners.

Petitioners apprehend arrest in connection with offence punishable

u/Ss.304B, 498A, 34
IPC
and
u/S.3
,
Dowry Prohibition Act registered

as Crime No.500/2020 by Police Station Porsa, District Morena (M.P.).

Learned counsel for the State opposed the application and prayed

for its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of anticipatory bail is

made out.

Petitioners are father in law and mother in law of the deceased who

died due to unknown causes. Marriage took place on 09.03.2015 as

against date of incident dated 28.07.2020.

Reading of statement of father of the deceased does not reveal

specific allegation of dowry demand related cruelty inflicted soon before
2 Mcrc.31755.2020

death.

Considering the above and the age of both the petitioners and that

the material placed on record does not disclose the possibility of

petitioners fleeing from justice, this Court is inclined to extend the

benefit of bail to the petitioners.

Accordingly, without expressing any opinion on merits of the case,

I deem fit appropriate to allow this application
u/S. 438
of Cr.P.C. in the

following terms.

It is hereby directed that in the event of arrest, the petitioners shall

be released on bail on each of them furnishing a personal bond in the

sum of Rs. 25,000/- (Rs.Twenty Five Thousand only) with one solvent

surety of the like amount to the satisfaction of the Arresting Authority.

This order will remain operative subject to compliance of the

following conditions :-

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

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

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

4. The petitioners shall not commit an offence

3 Mcrc.31755.2020

similar to the offence of which they are accused;

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

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

7. Both the petitioners jointly have gracefully
volunteered to donate Rs.5,000/-(Rs. Five Thousand
Only) in the account of the High Court Bar
Association, Gwalior for the purpose of assistance and
rehabilitation of those members of the Bar, who are
facing financial distress due to Lockdown and
restrictive functioning of the courts owing to ongoing
Covid-19 pandemic. This Court has no manner of
doubt that the office bearers and the Senior members
of the Bar shall ensure that the donation reaches the
rightful and deserving claimants. Let the donation be
deposited within seven (7) working days from the date
of furnishing bail.

8. The petitioners as a Shiksha Swayamsevak shall
render physical and financial assistance to government
primary school situated nearest to residence of
petitioner for ensuring hygiene and sanitation and for
removing deficiencies of infrastructural amenities in
the said school from the skill/resources of the
petitioners. [;kfpdkdrkZx.k ,d f'k{kk Lo;alsod ds :i esa
vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa
LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa
4 Mcrc.31755.2020

foRrh; lgk;rk iznku djsaxs rFkk vius dkS'ky o lalk/kuksa ls mDr
fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djasxsAa]

The petitioners after selecting a particular Govt. Primary School

shall inform about the same to the office of Gram Panchayat (in case of

rural area) and/or Ward Officer of the concerned ward (in case of urban

area), within whose territorial jurisdiction the said school is situated.

[;kfpdkdrkZx.k ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs

esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ vkSj@;k lEcaf/kr okMZ ds okMZ

vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr

djssaxsA]

It will be joint responsibility of Sarpanch and Secretary of said Gram

Panchayat (in case of rural area) and/or Ward Officer of the concerned

ward (in case of urban area) to preserve the said information provided by

the petitioners and pass it on the concerned PLV. [;g lacaf/kr okMZ ds okMZ

vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ vkSj@;k mDr xzke iapk;r ds ljiap vkSj lfpo

¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZx.k }kjk iznRr lwpuk

dks lajf{kr djs ,oa lEcaf/kr ih-,y-oh dks gLrkarfjr djsaA].

The Registry of this Court shall communicate this order through

Legal Aid Officer, SALSA, Gwalior to the Collector, District Education

Officer, Block Education Officer of the district/block concerned for

information and compliance.

5 Mcrc.31755.2020

A copy of this order be supplied to the Legal Aid Officer, SALSA,

Gwalior who is directed to communicate this order to the Paralegal

Volunteers of the area concerned to verify as to whether petitioners have

complied with condition No.8 or not and submit report once every

month.

In case, report regarding condition No.8 is not filed or report is

found to be wanting in any manner then Registry is directed to list this

matter as PUD before appropriate Bench.

A copy of this order be sent to the Court concerned for

information.

C.c as per rules.

(Sheel Nagu)
Judge
pd

PAWAN

Digitally signed by PAWAN

DHARKAR

DN: c=IN, o=HIGH COURT OF

MADHYA PRADESH BENCH

GWALIOR, ou=HIGH COURT OF

DHARK
MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=345b3604d572ed9dd14

AR
92fe82dc3b1eef67eff2cb59f3ac97
e920ac264de7828, cn=PAWAN
DHARKAR
Date: 2020.09.05 14:28:46 +05'30'