Munnidevi vs State Of M.P

Vishal Mishra, J

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

Bhind in connection with Crime No.02/2020 registered in relation to the offence punishable under Sections 302 and 34 of IPC.

It is alleged that the applicant is a lady and has been falsely implicated in the case. It is a case of circumstantial evidence. No direct witnesses are

available to the prosecution to prove the case against the present applicant. It is submitted that the deceased was not keeping well and was admitted in

Birla Hospital owing to some paralytic attack. Subsequently, thereafter she was referred to J.A.H. Hospital and where a new story has been

developed. The family members of the deceased have participated in the last rites but have not made any complaint against the present applicant or

the family members. Subsequently, the story is being developed and the applicant has been roped up in the case pointing out the fact that owing to the

dispute with respect to the money of late husband she was being harassed and tortured by the present applicant which has resulted into death. The

applicant is in custody since 1.6.2021 and is aged about 72 years, prays for grant of bail. It is argued that looking to the present scenario of COVID 19

pandemic coupled with the directions issued by the Hon'ble Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS in SUO MOTU W.P. (C) No. 1/2020 as well as by the Division Bench of the Principal seat on 17.05.2021 IN RE: CONTAGION OF

COVID 19 VIRUS IN PRISONS in SUO MOTU W.P.(C) No.9320/2021 regarding decongestion of prisoners, the application be treated as an

application for grant of interim bail for 90 days. She is ready to abide by all the terms and conditions that may be imposed by this Court while

considering her application for grant of bail.

Per contra, counsel for the State has opposed the application stating that the applicant's involvement is clearly reflected from the statements given by

the brother of the deceased. But he fairly submits that there is no witness to the incident and the cause of death reported in the medical documents is

brain stem infection. But he could not dispute the fact that the applicant is a old lady.

Heard the learned counsel for the parties and perused the case diary.

Considering the overall facts and circumstances of the case and the directives issued by the Hon'ble Supreme Court as well as by the Division Bench

in the aforesaid cases coupled with the present scenario of COVID 19 and considering the fact that the applicant is a lady aged about 72 years having

no criminal past, this Court deems it appropriate to treat the application for grant of interim bail. Accordingly, the application is allowed. The applicant

is directed to be released on bail for a period of 90 days 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. She is directed to surrender immediately on completion of 90 days from the date of

release.

This order will remain operative for a period of 90 days 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 concerned 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.