Bhuribai vs State Of M.P & Others

Rohit Arya, J

This is the second repeat bail application under Section 439 of the Criminal Procedure Code, 1973 filed on behalf of the applicant. Her first application

was dismissed as withdrawn vide order dated 01.09.2020 passed in M.Cr.C. No. 21637/2020. The applicant, a lady aged 45 years is in jail since

19.06.2020 in connection with Crime No.241/2020 registered at P.S., Kowali, District Shajapur, for offence punishable under Section(s) 498A and

304-B r/W Sec 34 of IPC.

As per prosecution story, applicant is the mother-in-law of deceased Dhapu Bai was married to the son of present applicant namely Gaurishankar on

09.04.2018. Dhapu Bai has committed suicide on 21.03.2020 by hanging to noose. Thereafter, merg was registered and after investigation, case was

registered on 19.06.2020, based upon statements of witnesses recorded u/S 161 Cr.P.C. Accordingly, case has been registered against the present

applicant.

Learned counsel for the applicant contends that the applicant is innocent and she has been falsely implicated. Omnibus allegations of demand of dowry

have been made against the applicant. Applicant is in custody since 19.06.2020. Investigation is complete and challan has been filed. She is not

required for further custodial investigation. This Court while permitting the applicant to withdraw the first bail application had granted liberty to revive

after three months and the period of three months is over. Moreso, looking to prevailing Covid-19 situation, trial is not likely to conclude early in the

near future. Under such circumstances , the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and

proper.

Per contra, learned Panel Lawyer for the respondent opposes the bail application supporting the order.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that applicant, a lady

aged 45 years with no criminal antecedents is in jail since 19.06.2020 and about six months period has already passed by, investigation is complete and

chargsheet has been filed, she is not required for custodial investigation. Due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot

be ruled out. Hence, applicant is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicant be released on bail on furnishing personal bond in the sum of Rs.3,50,000/- (Rupees three lakhs and fifty thousand only) with one solvent

surety in the like amount to the satisfaction of the learned Trial Court and on the condition that she shall remain present before the Court concerned

during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark her attendance before the concerend police station on 2nd Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government

as well as the local administration from time-to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid

proliferation of Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail

doctor and if it is prima facie found that she is having any symptoms of COVID-19, then the consequential follow up action or any further test

required, be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;

(iv) violation of conditions, State is free to apply for cancellation of bail.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police

Station for information and necessary action.

E-certified copy as per rules.