Maya W/O Durgesh @ Dashrath vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail.

The applicant is in jail since 22.07.2020 in connection with Crime No.106/2020 registered at Police Station-Crime Branch, District-Bhopal for the

offences punishable under Sections 419, 420, 467, 468, 471, 120-B and 205 of IPC.

A s per prosecution case, on 22.07.2020, police received the information from an informant that the present applicant along with other co-accused

were sitting in front of Gate No.5 of District Court for furnishing bail qua guarantor on the basis of fake Bahi Khata (Rin Pustika). Thereafter

applicant/accused was arrested. It is found that she furnished bail into crime on the basis of fake Rin Pustika and one Rin Pushtika was seized from

the possession of present applicant/accused.

Learned counsel for the applicant submits that applicant is innocent person and has been falsely implicated in the case whereas she has not committed

any offence. He submits that applicant has been made as an accused in the case only on the basis of memorandum statement of co-accused.

Applicant has forged Rin Pustika was given by her husband. She has not received any amount in this regard. There is no criminal antecedent against

the present applicant. Present applicant was not aware about the documents whether are forged or fake, therefore, intention of applicant was not to

cheat with the Courts. Applicant is aged about 35 years and she is housewife. The husband of present applicant had appeared the present applicant

before the Court for furnishing bail. Applicant is in jail since 22.07.2020. Besides the above, investigation is complete, charge-sheet has been filed and

at present, due to ongoing COVID-19 pandemic, trial will tak sufficient time in its final disposal. There is no probability of her absconding and

tampering with the evidence of prosecution. The applicant is ready to comply with all conditions as imposed by this Court. With the aforesaid, learned

counsel for the applicant prays for allowing the said application.

On the other hand, learned G.A. for the respondent/State opposes the said application.

On perusal, allegation against the present applicant is that she is a member of conspirators who are involved in cheating with the Courts by giving fake

guarantee qua guarantor in the various cases.

On perusal of case diary as well as final report, the applicant is in jail since 22.07.2020 having no previous criminal record. Applicant is a lady and

aged about 35 years. Due to spread of COVID-19 pandemic, there is huge possibility of delay in conclusion of trial. There is no probability of her

absconding or tampering with the evidence of prosecution. It would not be appropriate to keep the present applicant behind the bars for whole trial.

Considering the facts and circumstances of the case, I am inclined to grant bail to applicant. Accordingly, the bail application under Section 439 of the

Code of Criminal Procedure filed on behalf of applicant is allowed.

It is directed that the applicant-Maya shall be released on bail on her furnishing a personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand

Only) with one local solvent surety in the like amount to the satisfaction of the concerned trial Court for her appearance before it on the dates given by

the concerned Court. This order will remain operative subject to compliance of the conditions enumerated under section 437(3) Cr.P.C. by the

applicant.

Further, in view of the outbreak of pandemic Covid-19, the applicant shall also comply with the rules and norms like physical distancing and others. In

view of the terms of order passed by the Hon'ble Supreme Court in suo moto W.P. No. 1/2020 , it would be appropriate to issue the following

direction to the jail authority also:-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before her release.

The applicant shall not be released if she is suffering from Corona Virus disease. For this purpose, appropriate tests will be carried out.

3 . If it is found that the applicant is suffering from Corona Virus disease, necessary steps will be taken by the concerned authority by placing her in

appropriate quarantine facility.

C.C. as per rules.