Smt. Manju vs State Of Madhya Pradesh

This is first bail application filed by the applicants under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 26/08/2020 in connection with Crime No.178/2020 registered at P.S.-Sendari, District-Niwari(M.P.) for the offence punishable under Sections 307, 323, 324, 294 and 506/34 of the IPC.

As per prosecution story, on 15/08/2020, complainant-Balveer Rajput lodged a report that on 14/08/2020 at about 7:30 p.m., when his cousin Charan Singh was standing infront of the house of Mahadev Rajput at that time present applicant alongwith co-accused persons namely, Karan Singh, Sonu Rajput and Bhagwat Rajput reached there. It is alleged that the present applicant abated the other co-accused persons to inflict injuries to injured-Charan Singh. Thereafter, co-accused-Sonu inflicted injury by Lohangi to Charan Singh, due to which he sustained grievous injury. After hearing hue and cry of Charan Singh, Jitendra and Santram came there to rescue him. Then co-accused-Karan Singh inflicted injury by axe to Jitendra and co-accused-Bhagwat Rajput injury by stick to Santram. Present applicant/accused also inflicted injury by stick to injured-Charan Singh and one of them fired from the country made pistol. After hearing the noise of fire arm, other villagers namely Jamnaprasad, Ramesh and Kusuma Rajput reached on the spot, then applicant alongwith other co-accused persons threatening the complainant party, fled away from the spot. On the basis of that report, present FIR was lodged against the applicant and other co-accused persons.

Learned counsel for the applicant submits that the applicant is a married lady aged about 27 years and she is having two children. It is also submitted that the applicant has falsely been implicated in the present crime and she is not having any criminal antecedents. The applicant/accused has been implicated in the present case merely on the ground that she is the wife of co-accused-Karan Singh. The applicant/accused is in jail since 26/08/2020. Investigation is completed and the custodial interrogation of the applicant is not required in the present case. At this time, due to outbreak of pandemic "COVID-19", the proceedings of the trial Court is withheld. Conclusion of trial will take considerable time. There is no chance of applicant absconding and tampering with the evidence, if she be released on bail. The applicant is ready to furnish bail, as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer opposes the bail application by contending that the applicant is having criminal antecedents.

After hearing arguments of the parties and looking to the facts that the applicant is a married woman having two children, investigation is completed and the custodial interrogation of the applicant is not required in the present case, she is in jail since 26/08/2020, charge-sheet has been filed, there is no probability of her absconding or tampering with the prosecution evidence, the trial will take long time for final disposal due to outbreak of pandemic COVID-19, it would not be appropriate to keep the applicant is in jail whole the trial, therefore, without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Smt. Manju be released on bail subject to furnishing a personal bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount t o the satisfaction of the learned JMFC concerned or 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 the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in suo motto 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 petitioner by the jail doctor before her release.

The petitioner 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 petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing her in appropriate quarantine facility.

With the aforesaid directions, the M.Cr.C. stands disposed of. Certified copy as per rules.