Madhya Pradesh High Court

Chandra Prakash Dubey vs The State Of Madhya Pradesh on 6 August, 2021

Author:
Sheel Nagu

Bench:
Sheel Nagu

1 Mcrc.37038.2021

The High Court of Madhya Pradesh
Mcrc.37038.2021
(Chandra Prakash Dubey Vs. State of M.P.)
Gwalior dated 06.08.2021

None for the petitioner.

Shri Pramod Pachouri, learned Public Prosecutor for

respondent/State.

Heard through video conferencing.

Case-diary is read over by the State Counsel.

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

anticipatory bail by the petitioner.

Petitioner apprehends arrest in connection with offence

punishable u/Ss.304-B, 114 & 34 of
IPC
and
Sec.3
/
Dowry

Prohibition Act registered as Crime No.143/2021 by Police Station

City Kotwali Bhind, District Bhind (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.

Present is the first application preferred by petitioner
u/S.438

Cr.P.C. where petitioner apprehends arrest in respect of offence of

dowry death. Allegation against petitioner is of acting as a Mediator

who had made arrangement for the marriage in question. The

deceased died due to hanging within seven years of marriage.

Petitioner is not related to the husband.

Considering the fact that petitioner has no relationship with

the husband of deceased, does not reside in the matrimonial home
2 Mcrc.37038.2021

and is aged about 54 years and that the material placed on record

does not disclose the possibility of petitioner fleeing from justice,

this Court is inclined to extend the benefit of bail to the petitioner.

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 petitioner

shall be released on bail on furnishing a personal bond in the sum of

Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent

sureties 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 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;

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

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

6. The petitioner will not leave India without
previous permission of the concerned available
Magistrate/Investigating Officer, as the case may

3 Mcrc.37038.2021

be;

7. Petitioner shall mark his appearance before
the concerned Police Station once a week till
conclusion of investigation.

8. Petitioner shall plant 10 saplings of
indigenous fruit bearing or shady trees on the
side of the road/street of the place of residence of
petitioner or at any other place in the district
which is earmarked by the Collector/Revenue
Authority for planting trees and shall take care of
the trees for the next one year by watering the
plants and by installing tree guards at her own
expenses. In case the petitioner is unable to afford
incurring of such expenses, then he would obtain
saplings/tree guard from the forest authorities
(the concerned Forest Range Officer of the area)
free of cost or at concessional/nominal rates
available under any beneficial scheme of the
Government. Petitioner shall file an affidavit
disclosing compliance of this condition within 30
days in the Registry, failing which this court may
consider cancellation of bail.

On complying with condition No.8 aforesaid, the petitioner is

directed to inform the location of plantation made to the Forest

Range Officer of the area concerned who will pass on this

information to the DFO concerned.

For effective implementation of this order in the interest of

betterment of ecology of the area concerned, the District Magistrate

of district within which the petitioner resides is directed to assist the

petitioner/accused to comply with condition No.8 by extending all

possible financial and material assistance to the petitioner
4 Mcrc.37038.2021

admissible under any of the beneficial scheme for afforestation of

the State.

The DFO of the concerned District is directed to file

verification report before the trial Court concerned after carrying

out inspection personally or through any other officer of the Forest

Dept duly authorised in that behalf disclosing as to whether

petitioner has complied with condition No.8 or not, and if yes to

what extent?

The learned trial Judge on receiving report of non-

compliance of condition No.8 shall forthwith communicate the

same to the Registry of this Court.

The Registry on receiving any such report from the trial

Court disclosing default shall put up the matter before appropriate

Bench in shape of PUD.

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

compliance.

Let a typed copy of this order be also supplied to the counsel

for the State for compliance of the aforesaid directives.

A copy of this order be furnished by the Registry of this Court

to the concerned District Magistrate and the DFO having territorial

jurisdiction over the place of residence of the petitioner for

execution of the order in the interest of the ecology.

For the time being this case stands disposed of.

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=345b3604d572ed9dd1492

AR
fe82dc3b1eef67eff2cb59f3ac97e92
0ac264de7828, cn=PAWAN
DHARKAR
Date: 2021.08.07 12:04:01 +05'30'