Poonam Sah vs State Of M.P

Rajendra Kumar Srivastava, J

This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since

17.11.2020 in connection with Crime No.299/2020 registered at Police Station-Gadasarai, District-Dindori (M.P.) for the offence punishable under

Section 306 read with Section 34 of the IPC.

A s per prosecution case, on 02.11.2020, deceased- Vinita Singh committed suicide by hanging. Marg was registered. It is found that marriage of the

deceased Vinita Singh was solemnized with co-accused Dharampal Singh 10 to 11 years ago. From their wedlock two children were blessed. Co-

accused Dharampal has love affair with present applicant. Deceased Vinita Singh objected due to this co-accused Dharampal Singh tortured and

humiliated her, so she committed suicide.

Learned counsel for the applicant submits that the applicant is a married lady, she has two children. She was residing separately from the co-accused

Dharampal Singh and his family, so she has no role in this incident. There is no material available on record on which it can be said that applicant

abeted the deceased to commit suicide. Deceased committed suicide due to some domestic quarrel. Present applicant is in jail since 17.11.2020. There

is n o probability of her absconding or tampering with the evidence of the prosecution. Investigation is completed, so no custodial interrogation is

required in this case. Present applicant has no previous criminal antecedent. It is the time of COVID-19 Pandemic, due to which further proceedings

of trial is withheld in the trial Court, so conclusion of trial will take time. Therefore, he prays for grant of bail to the applicant. Per-contra, learned

counsel for respondent-State opposes the bail application.

Considering the contention of both the parties and the fact that applicant is a married lady, she has two children, she was residing separately from the

co-accused Dharampal and his family, there is no specific act attributed against the applicant-accused, applicant is in jail since 17.11.2020 and also this

fact that it is the time of COVID-19 Pandemic, due to which further proceedings of trial is withheld in the trial Court, so conclusion of trial will take

time, there is no probability of applicant's absconding or tampering with the prosecution evidence, investigation is completed, so no further interrogation

is required in this case, she has no previous criminal antecedent, so it would not be appropriate to keep the applicant in jail whole the trial, so I am of

the considered view that it would be appropriate to release the applicant on bail. Therefore, without commenting on merits of the case, application of

the present applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Smt. Poonam Sahu be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only)

with one surety of the same amount to the satisfaction of the concerned trial Court for her appearance before the trial Court on the dates given by the

concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further,

in view of the 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 :-

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.

Certified copy as per rules.