Radha Bai vs State Of Madhya Pradesh

Mohd. Fahim Anwar J

The case diary is available with the learned Panel Lawyer.

This is first bail application under Section 439 of Cr.P.C., in connection with Crime No.601/2020, registered at Police Station Suatala, District

Narsinghpur, for commission of offence punishable under Sections 457, 380, 427, 411 of IPC.

Allegation of the prosecution is that on 26.11.2020 at about 8:00 pm some unknown persons have enteeed into a Temple situated under the jurisdiction

of Police Station Suatala, District Narsinghpur and committed theft of some idols, television, etc. Report of the incident was lodged against unknown

persons. It is alleged that during the course of investigation co-accused Aakash @ Akku and Rajesh were apprehended and they have admitted

commission of crime. On the information and instance of co-accused persons the stolen properties were recovered. Allegation against the applicant is

that she has received some property from the co-accused Aakash @ Akku valued Rs.250/-, which was recovered from her possession. On that basis,

above mentioned crime has been registered against the applicant.

Learned counsel for applicant submitted that the applicant is an innocent lady and has falsely been implicated in the present offence. The applicant is

ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicant is in jail

since 27.11.2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the

applicant.

Learned counsel for the respondent/State has opposed the application for grant of bail and submitted that four other crime numbers are registered

against the applicant.

Considering the facts and circumstances of the case, that the applicant is a lady of 39 years, who is in judicial custody since 27.11.2020 and the

exigency of Covid-19 disease, I am of the considered view that it is a fit case to release the applicant on bail.

Consequently, the application is allowed. It is directed that applicant shall be released on bail on her furnishing personal bond in the sum of Rs.30,000/-

(Rupees thirty thousand only) with one surety of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates

given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) 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 suo moto in W.P.No.1/2020, it would be appropriate to issue the following directions 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.

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.

This M.Cr.C. stands allowed and disposed of. C.C., as per rules.