Madhya Pradesh High Court

Dinesh @ Golu Kushwah vs The State Of Madhya Pradesh on 5 December, 2020

Author:
Sheel Nagu

Bench:
Sheel Nagu
The High Court Of Madhya Pradesh

MCRC-47525-2020
(Dinesh @ Golu Kushwah Vs. State of M.P.)

Gwalior, Dated: 05.12.2020

Shri D.R. Sharma, Advocate for the petitioner.

Shri Narottam Sharma, Panel Lawyer for the respondent/State.

Learned counsel for the rival parties are heard through video

conferencing.

This is second bail application
u/S.439
CrPC filed by the

petitioner for grant of bail after rejection of earlier one which was

dismissed on 21.08.2020 in M.Cr.C. No.26279/2020 as withdrawn.

The petitioner has been arrested on 16.06.2019 by Police

Station-Gwalior, District Gwalior (M.P.), in connection with Crime

No.345/2019 registered in relation to the offences punishable
u/s. 304-

B, 34, 498-A, 302/34 of
IPC
.

Learned counsel for 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 bail is made out.

This is the second bail application
u/s. 439
where dowry death is

alleged against petitioner who is the husband. Marriage took place

some time in 2017, thereafter there was allegation of dowry demand

related cruelty inflicted by petitioner as well as his relatives. There is

no dying declaration. The postmortem report reveals certain injuries on

the body of deceased apart from the ligature mark.

Reading of statement of brother of deceased elicits that there are

omnibus allegations regarding dowry demand related cruelty, but
The High Court Of Madhya Pradesh

MCRC-47525-2020
(
Dinesh @ Golu Kushwah Vs. State of M.P
.)

specific allegation of such cruelty inflicted soon before death appears

to be missing. Moreso, petitioner has suffered about one and a half

years in custody and there is no hope of trial resuming in trial court

due to on-going COVID-19 pandemic.

In view of above and looking to special circumstances of

ongoing Covid-19 pandemic with further facts that early conclusion of

the trial is a bleak possibility and prolonged pre-trial detention being

an anathema to the concept of liberty and the material placed on record

does not disclose possibility of petitioner fleeing from justice, this

Court is though inclined to extend the benefit of bail to the petitioner

but with certain stringent conditions.

Accordingly, without expressing any opinion on merits of the

case, this application is allowed and it is directed that the petitioner be

released on bail on furnishing a personal bond in the sum of Rs.

50,000/- (Rs. Fifty Thousand only) with one solvent surety of the

like amount to the satisfaction of the concerned Magistrate.

This order will remain operative subject to compliance of the

following conditions by the petitioner :-

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

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

3. The petitioner 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/her from disclosing such facts to the
Court or to the Police Officer, as the case may be;
The High Court Of Madhya Pradesh

MCRC-47525-2020
(
Dinesh @ Golu Kushwah Vs. State of M.P
.)

4. The petitioner shall not commit an offence similar to the offence
of which they are accused;

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

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

7. The petitioner shall mark his appearance before the concerned
Police Station once in a fortnight till conclusion of the trial.

8. The learned concerned Magistrate and the prosecution are
directed to ensure following of Covid-19 precautionary protocol
prescribed from time to time by the Supreme Court, the Central
Govt. and as well as the State Govt during release, travel and
residence of the petitioner during period of bail as a
consequence of this order.

9. The petitioner 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
petitioner.[;kfpdkdrkkz ,d f'k{kk lo;alksod ds :i esa vius fuokl ds fudV
voflLFk ljdkjh izkfFed fo|ky; esa lopnrk vksj vkjksx; dks lqfuf'pr djus ds
fy, 'kkjhfjd ,oa forrh; lgk;rk iznku djsxk rFkk vius dks'ky o lalk/kuksa
ls mdr fo|ky; esa volajpukred lqfo/kkvksa dh dfe;ksa dks nwj djsxka]

The petitioner 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.

[;kfpdkdrkZ ,d fof'k"V ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke
The High Court Of Madhya Pradesh

MCRC-47525-2020
(
Dinesh @ Golu Kushwah Vs. State of M.P
.)

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 djsxkA]

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 petitioner. [;g lEcaf/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] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djsA]

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.

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

SALSA, Gwalior who is directed to communicate this order to the

District Education Officer, Block Education Officer of the

district/block concerned to verify as to whether petitioner has

complied with condition No.9 or not and submit report once every

month.

In case, report regarding condition No.9 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.

The petitioner has gracefully volunteered to donate Rs.10,000/-

(Rs. Ten Thousand Only) in the account of the High Court Bar
The High Court Of Madhya Pradesh

MCRC-47525-2020
(
Dinesh @ Golu Kushwah Vs. State of M.P
.)

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 release.

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

information.

C.c as per rules.

(Sheel Nagu)
Judge
Aman

Aman

Digitally signed by Aman Tiwari

DN: c=IN, o=High Court Of Madhay Pradesh

Bench Gwalior, ou=all,

2.5.4.20=70c6eef55d043fbd523acacb7d1ef

Tiwari
4b0609a37510b8e1527bc41da9009c41f72,
postalCode=474011, st=MADHYA
PRADESH, cn=Aman Tiwari
Date: 2020.12.07 15:30:35 -08'00'