Afroz vs State Of M.P

Vishal Mishra, J

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by

the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being

represented by the respective counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.

This is third bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first application was dismissed as withdrawn with liberty to

repeat after completion of investigation in M.Cr.C.no.35975 of 2020 vide order dated 5.10.2020 and second one being M.Cr.C.no.47328 of 2020 was

dismissed as withdrawn vide order dated 1.12.2020.

The applicant has been arrested on 13.8.2020 by Police Station Daboh district Bhind in connection with Crime No.164 of 2020 registered in relation to

the offence punishable u/S.302 and 34 of IPC.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence in any

manner. He further submits that as per prosecution story, only allegation against the applicant is of exhortation. The main allegation is against co-

accused Nizamuddin, i.e. husband of present applicant for inflicting injuries to the deceased. The applicant is in custody and charge sheet has already

been filed on 27.10.2020, therefore, there is no further requirement of custodial interrogation of the applicant. It is further contended that the applicant

is carrying a infant child of six month with her in custody. She is ready to abide with all the conditions which may be imposed by this court while

considering his bail application. On these grounds, he prayed for grant of bail.

Per contra, learned counsel appearing for the State has opposed the application stating that the applicant has been implicated with the aid of Section 34

of IPC in the case on the basis of statement of co-accused Mazid Khan recorded on 13.7.2020 wherein, he had specifically deposed that husband of

present applicant had inflicted injuries to the deceased and applicant had helped him. However, she could not dispute the factum of filing of charge

sheet in the matter on 27.10.2020.

The Hon'ble Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 has

issued directions to all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The

Supreme Court has observed as under :-

“The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID

â€" 19). Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona

Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i)

Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director

General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate.

For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which

prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the

maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as

aforesaid, depending upon the nature of offence, the number of years to which he or he has been sentenced or the severity of the offence with which

he/he is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate.â€​

Considering the over all facts and circumstances of the case and the fact that the charge sheet has already been filed in the matter on 13.8.2020, this

court deems it appropriate to allow this application. The applicant is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rs. Fifty

thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines

issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel

Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the following conditions by the applicant :-

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

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

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 her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not involve any other offence, in case the applicant indulges in any other criminal case the benefit of bail as extended by this

Court shall automatically cancelled.

The applicant will not seek unnecessary adjournments during the trial;

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

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform

the concerned SHO regarding the same.

Application stands allowed and stands disposed of.

The applicant shall install Arogya Setu App in his mobile immediately and would intimate their place of residence to the SHO of concerned Police

Station; where they reside. Applicant shall further submits the undertaking to the effect that he will abide by the terms and conditions of different

circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social

distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.

CC as per rules.