Madhya Pradesh High Court
Smt.Shribai vs State Of Mp on 28 June, 2021
Author: Anand Pathak
1 M.Cr.C.No.31368/2021
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.31368/2021
(Smt. Shribai Vs. State of M.P.)
Gwalior Bench: Dated 28.06.2021
Shri Rajiv Sharma, learned counsel for the applicant.
Shri N.K. Gupta, learned PP for the respondent/State.
Matter is heard through Video Conferencing.
The applicant has filed this first bail application u/S.439
Cr.P.C. for grant of bail. Applicant has been arrested on
10.06.2021, by Police Station- Nateran, District- Vidisha, in
connection with Crime No.91/2021, for the offence punishable
under Section 306, 498-A, 34 of IPC.
It is the submission of learned counsel for the applicant that
applicant has been falsely implicated in this case and she is
suffering confinement since 10.06.2021 and charge-sheet is likely
to be filed soon. No custodial interrogation is required. It is
further submitted that statement under Section 161 of Cr.P.C. is
not implicative in nature qua the present applicant. Even
otherwise, no ingredients of abetment exists against the applicant.
Counsel relied upon the judgment rendered by the Hon'ble Apex
Court in the case of Bhagwan Das Vs. Kartar Singh and others
reported in 2008 (1) SCC (Cri.)864. Confinement amounts to
pretrial detention. She undertakes to cooperate in trial as well as
investigation and would available as and when required. She
would not be a source of embarrassment or harassment to the
complainant. Under these grounds, she prayed for bail.
Learned PP for the State opposed the prayer and prayed for
its dismissal.
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, 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 her
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.
After release, the applicant is further directed to strictly
follow all the instructions which may be issued by the Central
Government/State Government or Local Administration for
combating the COVID -19 pandemic.
This order will remain operative subject to compliance of
the following conditions by the applicant :-
1. The applicant will comply with all the terms and
conditions of the bond executed by her;
2. The applicant will cooperate in the investigation/trial,
as the case may be;
3. 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;
4. The applicant shall not commit an offence similar to the
offence of which she is accused;
5. The applicant will not seek unnecessary adjournments
during the trial;
6. The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as
the case may be; and
7. The applicant would not be a source of
embarrassment or harassment to the prosecution
witnesses and would not move in the vicinity of
complainant in any manner.
Application stands allowed and disposed of.
E- copy of this order be sent to the trial Court concerned
for compliance.
Certified copy as per rules.
(Anand Pathak)
Judge
Rashid
Digitally signed by RASHID KHAN
DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR,
RASHID KHAN
postalCode=474011, st=Madhya Pradesh,
2.5.4.20=23377d7d214c811801fc322b576ca4ed1954237f6324416af
3985b5e9940ed42,
serialNumber=111cc474a72b078dc9a89f3cb13bb668fd8e0e91bed
a3cb721bbd836d768b09c, cn=RASHID KHAN
Date: 2021.06.29 14:30:44 +05'30'
