Bitti Devi 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.

Heard the learned counsel for the parties.

The applicant has filed this fourth application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Daboh, District

Bhind in connection with Crime No.166/2019 registered in relation to the offence punishable under Sections 498-A, 304-B of IPC and Section 3/4 of

Dowry Prohibition Act. First application was dismissed vide order dated 08.11.2019 passed in M.Cr.C. No.44169/2019, second application was

rejected vide order dated 7.1.2020 passed in M.Cr.C. No.53648/2019 and third application was allowed vide order dated 7.9.2020 in M.Cr.C.

No.26655/2020 for a period of 90 treated to be an application for interim bail.

It is alleged by the counsel for the applicant that the applicant has been falsely implicated in this case. She has not committed any offence in any

manner. The applicant is mother-in-law of the deceased. She is in custody since 15.09.2019. It is submitted that father and mother of the deceased

have turned hostile and have not supported the prosecution story. It is submitted that the main accused who is the husband of the deceased has

already been granted bail by this Court vide order dated 27.01.2020 passed in M.Cr.C. No.4108/2021. The applicant is ready to abide by all the terms

and conditions that may be imposed by this court while considering the application for grant of bail. There is no possibility of her absconding or

tampering with the prosecution case. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Per contra, counsel for the State has opposed the application and prays for its rejection. But the factum of father and mother of the deceased turning

hostile in the matter is not disputed by the State counsel.

The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU

W.P. (C) No. 1/2020 has directed 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 she has been sentenced or the severity of the offence with which he/she is

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

Considering the overall facts and circumstances of the case but without commenting upon the merits of the case, the application is allowed. The

applicant is directed to 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

the like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written undertaking and she 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 she 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 commit an offence similar to the offence of which she is accused;

The applicant will not seek unnecessary adjournments during the trial; and

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 her residential address in the said area and it would be the duty

of the State counsel to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, District Bhind who shall

inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

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 she 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 her 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.