Malti Sikarwar vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this third application under Section 439 of the Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Gole

Ka Mandir, District Gwalior in connection with Crime No.338/2020 registered in relation to the offence punishable under Sections 302 and 34 of IPC.

Counsel for the applicant fairly submits that earlier bail applications were dismissed as withdrawn as well as on merits vide order dated 17.08.2020 in

M.Cr.C. No.27648/2020 and 10.11.2020 in M.Cr.C. No. 42292/2021 respectively, but he submits that present scenario of COVID-19 and the trial

Courts are not regularly functioning, therefore, there is no possibility to record the statement before the trial Court during this period and looking to the

age of the present applicant as she is aged about 62 of years coupled with the fact that she is having several diseases, therefore, keeping her inside the

custody of the Jail during this present situation harmful and dangerous of her health. He submits that as the application of the applicant has already

been rejected on merits, but looking to the present scenario of COVID-19, he submits that the application be treated for grant of temporary bail as the

allegation are similar in nature.

Counsel for the State has vehemently opposed the bail application stating that earlier second bail application has recently been rejected on merits and

there is specific allegation in commission of offence against the present applicant. He prays for dismissal of the bail application.

Considering the alarming situation of Novel Corona Virus (COVID-19) and considering the fact that she is a lady aged about 62 years, this Court

deems it appropriate to allow this application for grant of interim bail.

Accordingly, this application is allowed. The applicant is directed to be released for a period of 90 days (from the date of her release) on furnishing a

surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with two solvent sureties in the like amount to the satisfaction of trial Court. The applicant shall

submit written undertaking that 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. The applicant shall surrender before trial Court, concerned on

completion of 90 days from the date of release and information to this effect shall be sent by the court concerned to Registry of this court.

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 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.

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 sent to the trial Court concerned for compliance.