Vashak Rani vs State Of M.P

Vishal Mishra, J

The applicant has filed this second application u/S.439 Cr.P.C. for grant of bail. The applicant has been arrested on 15.01.2021 by Police Station

Sinawal, District Datia in connection with Crime No.3/2021 registered in relation to the offence punishable u/S. 34 (2) of the Excise Act.

It is submitted by the counsel for the applicant that first bail application was dismissed as withdrawn by this Court vide order dated 03.02.2021 passed

in M.Cr.C.No.5819/2021. The applicant has been falsely implicated in this case and he has not committed any offence in any manner. The

investigation is over in the matter and the charge sheet has been filed. The applicant is in custody since 15.01.2021. As far as the criminal history of

the present applicant is concerned, the applicant has already been bailed out. The applicant is ready to abide by all the terms and conditions that may

be imposed by this court while considering the application for grant of bail. The applicant has also shown her willingness to render social services

during this pandemic Covid-19. There is no possibility of her absconding or tampering with the prosecution case. Under these circumstances, learned

counsel for the applicant prays for grant of bail to the applicant.

Per contra, learned Govt. Advocate for the State has opposed the bail application stating that the applicant is habitual offender and is having criminal

history of four cases registered against her under Section 34 (2) of the Excise Act. However, filing of charge sheet is not disputed by the State

counsel.

Considering the overall facts and circumstances of the case and the charge sheet has been filed, this Court deems it appropriate to allow this

application.

The application is allowed. The applicant is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one

solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking

and the applicant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State

Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and

she 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 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 her 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 the 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.

As the applicant has shown her willingness to render his services during this pandemic Covid-19, she is directed to register herself

as Covid Warrior in the Office of the Collector, District Datia and the applicant is also directed to render her services in District

Hospital, Datia for three months from the date of release under the supervision of Superintendent of District Hospital, District Datia.

The report of rendering the services be furnished to the Collector, District Datia periodically.

In case of involvement of the present applicant in any other offence, the benefit of bail granted by this Court shall stand cancelled

automatically.

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

of the Govt. Advocate to send E-copy of this order to SHO of concerned police station as well as the concerning Superintendent of Police who shall

inform the concerned SHO regarding the same.

Application stands allowed.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that she is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach her place of residence.

Certified copy as per rules.