Court allows bail application due to lack of injuries and delayed FIR in a matrimonial case.

1. This is first application under S.439 of CrPC for grant of bail.

2. The applicant has been arrested on 30/1/2021 in connection with Crime No.40/2021 registered at Police Station Shamshabad, District Vidisha for offence under S.377 and S.506 of the IPC.

3. It is submitted by learned counsel for applicant Radheshyam Banjara that the applicant has been falsely implicated. He has not committed any offence. Applicant is the husband of the prosecutrix. There is matrimonial litigation pending between the applicant and the prosecutrix due to which false case has been registered against him. FIR is delayed by three days and as per FIR itself, it is reflected that the prosecutrix is residing in her matrimonial house since last one and half years, which is also the place of incident. As per MLC report, no external or internal injury was found on the person of the prosecutrix, which makes the prosecutrix story false and concocted. It is further submitted that the applicant is in jail since last more than one month. Investigation is complete and charge sheet has been filed. Trial will take its own time. Hence, prayed for grant of bail to the applicant.

4. Per contra, learned State counsel has opposed the bail application and has submitted that the allegation against the present applicant is of committing offence under S.377 and S.506 of the IPC and applicant is the husband of the prosecutrix. Hence, prayed to reject the bail application looking to the gravity of offence.

5. Heard learned counsel for the rival parties and perused the materials available on record.

6. Considering the fact that no external or internal injury was found on the body of the deceased coupled with the fact that FIR is delayed by 3 days, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs. 1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

7. In view of COVID - 19 pandemic, the Jail Authorities are directed that before releasing the applicant, his / her Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his / her house, and if the test is found positive then the applicant shall be immediately sent to concerning hospital for her / his treatment as per medical norms. If the applicant is fit for release and if he / she is in a position to make his / her personal arrangements, then he / she shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt. / State Govt. or Local Administration for combating the Covid 19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt. / State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration / Police Authorities shall immediately take him / her in custody and would send him / her to the same jail from where he / she was released.

8. 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 him / her;
2.