Smt. Lalita vs The State Of Madhya Pradesh
2021 Latest Caselaw 2435 MP

Citation : 2021 Latest Caselaw 2435 MP
Judgement Date : 16 June, 2021

Madhya Pradesh High Court

Smt. Lalita vs The State Of Madhya Pradesh on 16 June, 2021

Author: Rajeev Kumar Shrivastava

                                     1
             The High Court Of Madhya Pradesh
                      MCRC-27120-2021
                (SMT. LALITA Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-16/06/2021
      Heard through Video Conferencing.

      Shri Ravi Choudhary, learned counsel for the applicant.

      Shri    Sangam Jain,      learned    Public    Prosecutor   for   the

respondent/State.

I.A.No.16231/2021, an application for urgent hearing is taken

up, considered and allowed for the reasons mentioned therein.

This is the second bail application u/S.439 Cr.P.C filed by the

applicant for grant of bail.

The applicant has been arrested on 17/03/2020 in connection

with Crime No.49/2020 registered at Police Station Baghchini, District

Morena for the offence under Sections 302, 120-B, 201, 34 of I.P.C.

and section 25, 27, 29, 30 of Arms Act.

It is submitted by learned counsel for applicant- Smt. Lalita that

the applicant is a lady. She has not committed any offence. She is

innocent. Earlier bail application was dismissed on merits vide order

dated 03/03/2021 passed in M.Cr.C.No.23566/2020 thereafter three

months custody has been suffered. It is further submitted that charge-

sheet was filed on 06/06/2020 and she is in custody since 17/03/2020.

Despite the aforesaid duration, charges have not been framed,

therefore, trial cannot be concluded in near future. It is also submitted

that as per FIR, it is reflected that there was previous enmity between

the deceased and his brother(complainant) on account of property

The High Court Of Madhya Pradesh MCRC-27120-2021 (SMT. LALITA Vs THE STATE OF MADHYA PRADESH)

dispute. The present case is a fabricated one. The applicant is a lady

and is having two children as there is no overt act on the part of the

present applicant rather main accused of this case is the co-accused-

Avdhesh against whom allegation is levelled of causing gun shot

injury to the deceased. Therefore, in light of order passed by main seat

at Jabalpur and the judgment passed by Hon'ble Apex Court, prayed

for grant of bail to the applicant. He further undertakes to abide by all

the terms and conditions of guidance, circulars and directions issued

by Central Government, State Government as well as Local

Administration regarding measures in respect of COVID-19 Pandemic

and maintain hygiene in the vicinity while keeping physical

distancing.

Per contra, learned State counsel opposed the bail application

and has submitted that the case is registered under Section 302, 120-B,

201, 34 of I.P.C. and section 25, 27, 29, 30 of Arms Act. and earlier

bail application was dismissed on merits by considering the gravity of

offence, as injury caused to the deceased was of gun shot. In case of

grant of bail to the applicant, the prosecution case would be adversely

affected and there is no any new ground for considering the second

application. Hence, prayed to reject the bail application.

Heard learned counsel for the parties at length through VC and

considered the arguments advanced by them and perused the case

The High Court Of Madhya Pradesh MCRC-27120-2021 (SMT. LALITA Vs THE STATE OF MADHYA PRADESH)

diary.

Considering the facts and circumstances of this case and the fact

that present applicant is a lady having two children alongwith the fact

that till date despite filing of charge-sheet, charges have not been

framed, trial will take its own time and she has suffered three months

custody from the date of last rejection, the application is allowed and it

is hereby directed that the applicant shall be released on bail on her

furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only)

with one solvent surety to the satisfaction of the Court concerned for

her regular appearance before the trial Court concerned on the dates

fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed

that before releasing the applicant, her Corona Virus test shall be

conducted and if it is found negative, then the concerned local

administration shall make necessary arrangements for sending the

applicant to his house, and if her test is found positive then the

applicant shall be immediately sent to concerning hospital for her

treatment as per medical norms. If the applicant is fit for release and if

he is in a position to make her personal arrangements, then she shall be

released only after taking due travel permission from local

administration. After release, the applicant is further directed to strictly

follow all the instructions which may be issued by the Central

The High Court Of Madhya Pradesh MCRC-27120-2021 (SMT. LALITA Vs THE STATE OF MADHYA PRADESH)

Govt./State Govt. or Local Administration for combating the Covid-

19. If it is found that the applicant has violated any of the instructions

(whether general or specific) issued by the Central Govt./State Govt.

or Local Administration, then this order shall automatically lose its

effect, and the Local Administration/Police Authorities shall

immediately take him in custody and would send him to the same jail

from where she was released.

This order will remain operative subject to compliance of the following conditions by the applicant/s :-

1. The applicant/s will comply with all the terms and conditions of the bond executed by him/her;

        2.     The     applicant/s      will   cooperate   in    the
        investigation/trial, as the case may be;

        3.     The        applicant/s      will      not      indulge

himself/herself/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;

4. The applicant/s shall not commit an offence similar to the offence of which he/she is accused. In case of repetition of any offence, this bail order shall stand cancelled automatically;

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

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

7. The applicant/s will inform the SHO of concerned Police Station about his/her/their residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned Police

The High Court Of Madhya Pradesh MCRC-27120-2021 (SMT. LALITA Vs THE STATE OF MADHYA PRADESH)

Station for information.