Siyabai vs State Of M.P.

The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 25.07.2020, by Police Station- Ganjbasoda, District Vidisha, in connection with Crime No.272/2020, for the offence punishable under Sections 304-B and 34 of IPC. Earlier bail application was dismissed as withdrawn by this court.

It is the submission of learned counsel for the applicant that applicant is suffering confinement since 25.07.2020 on false pretext. It is further submitted that applicant is sister-in-law (tsBkuh) of deceased. She was living separately alongwith her husband and has a daughter aged around 2 years. No role is attributed over the present applicant. Charge-sheet has already been filed. Confinement amounts to pretrial detention. She undertakes to cooperate in trial as well as investigation and would be available as and when required. She would not be a source of embarrassment or harassment to the complainant party. Under these grounds, prayer for bail has been made.

Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of the bail application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the submissions advanced by the learned counsel for the parties and the fact situation and no custodial interrogation is required, without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of trial Court.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, her preliminary Corona Virus test shall be conducted and if she is found positive then the applicant shall be immediately sent to the concerned hospital for her treatment as per medical norms but if she is found negative, then she shall be released. After her release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Government/State Government or Local Authorities for combating the COVID-19.

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 herself 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 applicant shall not commit an offence similar to the offence of which she is accused;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.