Nodi Begam @ Priya vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

The applicant is facing trial in connection with Crime No.459/2020, registered at Police Station-MIG, District-Indore for offence punishable under

Section 370, 370(A), 323, 420, 467, 468, 471 120(b) & 34 of Indian Penal Code, 1860. The applicant is in custody since 25/09/2020.

The allegation against the applicant is one of human trafficking. It is alleged that from the applicant's flat at Indore four girls have been recovered,

who have stated that the applicant had asked them to indulge in sex trade, to which they had refused.

Learned counsel for the applicant has submitted that the applicant is a woman aged about 30 years and is also having a minor child aged about 1 year

with her in the jail. Counsel submitted that the applicant is in jail since 25/09/2020, as such she has already completed around 8 months in custody and

final conclusion of the trial is likely to take sufficient long time on account of Covid-19. It is further submitted that charge sheet has been filed and

there is no apprehension of the applicant tampering with the prosecution evidence hence, it is prayed that the application be allowed and the applicant

be released on bail.

Learned Panel Lawyer for the non-applicant/State on the other hand, opposed the prayer and it is submitted that looking to the conduct of the

applicant no case for grant of bail is made out.

Having considered the rival submissions and on perusal of case diary, taking note of the fact that the applicant is in jail since 25/09/2020 and although

the allegation against her is under Section 370 & 370(A) of IPC, however none of the girls, recovered from the house of the applicant, have stated

that the applicant has forced them in any manner to indulge in sexual activity. In view of the aforesaid and taking note of the fact that the applicant is

a lady, she is in jail along with her minor girl child and the final conclusion of the trial is likely to take sufficiently long time in the wake of fresh spread

of Covid-19, it would be expedient to allow the present application. Accordingly, without commenting on the merits of the case, the application filed by

the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees fifty

thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for her regular appearance before the trial Court during

trial with a condition that she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under

Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that after being released on bail, if the applicant again indulges herself in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.