Sabana And Others vs State Of Madhya Pradesh

Vishal Mishra, J

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by

the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being

represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Heard the learned counsel for the parties.

The applicants have filed this first application u/S. 438 Cr.P.C. for grant of anticipatory bail as they have apprehension of their arrest in connection

with registration of Crime No.956/2020 of Police Station Bahodapur, District Gwalior (M.P) in relation to the offence punishable under Section 304-B,

34 of IPC.

Learned counsel for the applicants submits that the applicants are Jethani of the deceased. There are omnibus allegations against the applicants that is

taken place suicide within one year of marriage. The incident was of 07.12.2020 and the F.I.R. was lodged on 21.12.2020 there is no reason for delay

in filing the F.I.R. There is no complaint prior to the incident of the family members of the deceased against the present applicants regarding

harassment and demand of dowry. Husband of the deceased is in custody. There is no possibility of their absconding or tampering with the

prosecution case. Counsel for the applicants prays for grant of anticipatory bail to the applicants.

Per contra, learned counsel for the State opposed the application and prayed for rejection of anticipatory bail application to the applicants.

The Hon'ble Supreme by order dated 23.03.2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU

W.P. (C) No.1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the

prisons. The Supreme Court has observed as under :-

“The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID

â€" 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus

within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of

the State Legal Services Committee,

(ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of

prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could

consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less,

with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid,

depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is

charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate.â€​

Considering the overall facts and circumstances of the case without expressing any opinion on the merits of the case, this Court deems it appropriate

to allow this anticipatory bail application. It is hereby directed that in the event of arrest, the applicants No.1.Smt. Sabana and applicant No.2 Smt.

Khusbu shall be released on anticipatory bail on their furnishing personal bond of Rs.50,000/-

(Rupees Fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of Investigation Officer/trial Court, as the case

may be with submission of written undertaking that they will abide by the terms and conditions of different circulars, orders as well as guidelines

issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona

Virus (COVID-19) pandemic and they will have to install Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the following conditions by the applicants :-

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit an offence similar to the offence of which they are accused.

The applicants will not seek unnecessary adjournments during the trial; and

The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicants will inform the concerned S.H.O. of concerned Police Station about their residential address in the said area and it would be the duty

of learned Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police of District Gwalior who

shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

The applicants shall install Arogya Setu App in their mobile immediately and would intimate their place of residence to the SHO of concerned Police

Station; where they reside. Applicants further submit the undertaking to the effect that they will abide by the terms and conditions of different

circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social

distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

E-copy of this order be provided to the applicants 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.

CC as per rules.