Madhya Pradesh High Court

Jagdish Singh Tomar vs The State Of Madhya Pradesh on 3 June, 2021

Author:
Sheel Nagu

Bench:
Sheel Nagu
The High Court of Madhya Pradesh
MCRC-26350-2021
(JAGDISH SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)

Gwalior dated : 03/06/2021

Shri Heerendra Singh, learned counsel for the applicant.

Shri Neeraj Dhamaniya, learned Panel Lawyer for the State.

Shri Ankit Saxena, learned counsel for the complainant.

Case diary is read over by the State counsel.

This case is heard through video conferencing.

Applicant has filed this first application
u/S.438
Cr.P.C. for grant of

anticipatory bail.

Applicant apprehends arrest in connection with offence punishable

u/
S.498-A
,
304B
,
of IPC registered as Crime No.08/2021, by Police Station

Maharazpura, District Gwalior (M.P.).

Learned Panel Lawyer 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.

The applicant is said to be aged more than 70 years and is cousin father-

in-law of deceased who died due to hanging on 08/12/2020 as against the date

of marriage being 26/02/2020. The cruelty for demand of dowry is alleged as

cause of death.

Reading of statement of mother of deceased
u/S.161
Cr.P.C. reveals that

the same is implicative in nature.

However, considering the age of the applicant which is more than 70

years who may not be able to bear the rigours of incarceration and the second

waive of Covid-19 pandemic which has paralyzed even tempo of life and also

jails are potential hotbeds for spread of Covid-19 pandemic coupled with the fact
that the material placed on record does not disclose the possibility of applicant

fleeing from justice, this Court is inclined to extend the benefit of anticipatory

bail to the applicant but with certain stringent conditions in view of pending

investigation.

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

deem it 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 applicant shall 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 like amount to the

satisfaction of the Arresting Authority.

This order will remain operative subject to compliance of the following

conditions by the applicant :-

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

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

3. The applicant will not indulge herself 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 applicant shall not commit an offence similar to the
offence of which she is accused;

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

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

7. The applicant shall mark his appearance before the concerned
Police Station once in a week till conclusion of investigation.
A copy of this order be sent to the Court concerned for information and
compliance.

C.c as per rules.

(Sheel Nagu)
V. Judge
(suneel)

Digitally signed by SUNEEL DUBEY

SUNEEL
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,

DUBEY
st=Madhya Pradesh,
2.5.4.20=157244b0239a6fd662b29b
00a11fc66a5e160f585aa7a92425f38
0d476b32818, cn=SUNEEL DUBEY
Date: 2021.06.04 12:04:40 -07'00'