Munni vs State Of M.P

Anand Pathak, J

The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 05.12.2020, by Police Station- Civil

Line, District- Morena, in connection with Crime No.719/2019, registered for offence under Sections 328/34 of IPC. Earlier bail application was

dismissed as withdrawn by this court.

It is the submission of learned counsel for the applicant that applicant is a lady aged 55 years and is suffering confinement since 05.12.2020. No

custodial interrogation is required. Confinement amounts to pretrial detention. She undertakes to cooperate in trial/investigation and would not be a

source of embarrassment or harassment to the complainant. Looking to the fact that applicant is a lady aged about 55 years as well as challenging

situation of COVID-19 pandemic, her case may be considered sympathetically for bail.

Learned PL for the State opposed the prayer and prayed for dismissal of this application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the facts of the case in detail, however, considering the fact that in view of COVID-19 pandemic, withoutcommenting on the merits of the

case, application is allowed. It is hereby directed that the applicant shall be released on bail on her furnishing personal bond of Rs.50,000/- (Rupees

Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial 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 him/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.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.

Certified copy/ e-copy as per rules/directions.