Padma Shrivas vs State Of Madhya Pradesh And Another

S.A.Dharmadhikari, J

I.A.No.17052/2021, an application for urgent hearing is considered and allowed.

Heard learned counsel for the parties.

Case diary perused.

The applicant has filed this second application under section 439 of the Cr.P.C. for grant of bail. First application was dismissed as withdrawn vide

order dt.21.05.2021 passed in M.Cr.C.No.24230/2021.

Applicant has been arrested on 18.03.2021 by Police Station â€" Station Road, District Morena, (M.P.) in connection with Crime No. 125/2021 for the

offences punishable under Sections 354, 323, 506, 120 of IPC and Section 7/8 of POCSO Act.

Prosecution story, in short, is that the prosecutrix is minor and studying in Class 10. On 03.03.2021 at about 2.00 p.m. she alongwith her mother â€

present applicant was standing on the road, at that time, co-accused Satish came and stated that the prosecutrix is beautiful and he wants to marry

her. The applicant allowed the co-accused to meet the prosecutrix, who came from the back and with bad intention caught hold of the hand of the

prosecutrix and pressed her breast. She started screaming. Thereafter, the present applicant asked the co-accused Satish to give her a slap on her

face. Instead of saving her daughter, she cooperated with the co-accused. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant is lady aged about 30 years and has been falsely implicated in the case. She is in custody

since 18.03.2021. Charge sheet has been filed. No further custodial interrogation is required. All the offences are punishable with imprisonment less

than seven years. Offences are triable by JMFC. The applicant is also entitled for the benefit of bail under Section 437 of Cr.P.C. Hon'ble Supreme

Court as well as High court have issued certain guidelines for grant of bail. Due to COVID-19, the trial is held up and owing to COVID-19, outbreak

detention of applicant in already congested prisons may be detrimental. The applicant can not be kept in custody for indefinite period. Applicant is a

permanent resident of District Morena (M.P.) and there is no likelihood of her absconsion or tampering with the prosecution evidence. She is ready to

abide by all the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made.

On the other hand, learned Public Prosecutor appearing for the respondent/State opposed the application. He submitted that the statement of the

prosecutrix recorded under Section 161 of Cr.P.C. clearly corroborates the incident. The present applicant instigated the co-accused Satish to commit

the crime, otherwise the same could have been avoided. Custody is less. In such circumstances, no case for grant of bail is made out and on such

grounds, prayer for rejection of the application has been made.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case, coupled with the fact that trial is not likely to conclude in near future and prolonged pre-

trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail 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 trial

Court/committal Court for his appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court that she will abide by the terms and conditions of various circulars, as

well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing,

physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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 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 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 shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

A copy of this order be sent to the Court concerned for compliance.

Certified copy/E-copy as per rules.