Smt. Santo vs The State Of Madhya Pradesh
2021 Latest Caselaw 2028 MP

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              HIGH COURT OF MADHYA PRADESH
                          MCRC-18196-2021
                ( SMT. SANTO Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 27.05.2021

      Heard through video conferencing.

      Shri Ashok Kumar Jain, learned counsel for applicant.

      Shri    B.P.S.   Chouhan,      learned    Public    Prosecutor,   for

respondent/State.

Smt. Uma Kushwah, learned counsel for the complainant.

Heard on I.A.No.10717/2021, an application filed under

Section 301(2) of Cr.P.C. to assist the prosecution.

Considered and allowed. Smt. Uma Kushwah, learned counsel

is permitted to assist the prosecution on behalf of complainant.

Heard learned counsel for the parties.

The applicant has filed this fourth application under Section 439

of the Cr.P.C. for grant of bail. First bail application was rejected on

06.01.2020 passed in M.Cr.C.No.46413/2019. Second and third bail

applications were dismissed as withdrawn vide roder dated

18.02.2020 and 01.10.2020 passed in M.Cr.C.No.7251/2020 and

2634/2020 respectively.

The applicant has been arrested on 17.07.2019 by Police Station

Dabra, District Gwalior in connection with Crime No.370/2019

registered in relation to the offence punishable under Sections 302,

147 of IPC.

HIGH COURT OF MADHYA PRADESH MCRC-18196-2021 ( SMT. SANTO Vs THE STATE OF MADHYA PRADESH)

It is alleged that the applicant is the Nand (sister-in-law) of the

deceased. She is in custody since 02.08.2019. There are omnibus

allegations against the present applicant of setting the deceased on fire

along with other co-accused. Three witnesses were already been

examined before the trial Court. It is submitted that looking to the

present scenario of Covid Pandemic -19 coupled with the custody

period of the applicant and as there are children in the family to be

taken care of, she submits that the application be treated for grant of

interim bail for a period of 90 days to enable the applicant to make

arrangements for his children. It is submitted that she is being made

accused only on the basis of dying declaration of the deceased

wherein she has categorically stated that the present applicant is

helping her husband Rakesh to pour the kerosene oil on her. It is

submitted that she is ready to abide by all the terms and conditions

that may be imposed by this Court and further placed the reliance

passed by the Hon'ble Supreme Court RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.

1/2020 as well as by the Division Bench of the Principal seat on

17.05.2021 IN RE: CONTAGION OF COVID 19 VIRUS IN

PRISONS in SUO MOTU W.P.(C) No.9320/2021 regarding

decongestion of the prisoners. The deceased husband is already in

custody. There were no complaints regarding harassment or torture

HIGH COURT OF MADHYA PRADESH MCRC-18196-2021 ( SMT. SANTO Vs THE STATE OF MADHYA PRADESH)

being caused earlier by the present applicant. She has shown her

willingness to render services during this Covid pandemic- 19 to help

the needy.

Per contra, counsel for the State has opposed the bail

application stating that the dying declaration of the deceased was got

recorded wherein she has categorically stated against the present

applicant is helping her husband to put her on fire along with the co

accused and the husband of the deceased and other co-accused have

put kerosene oil on the deceased. In such circumstances, no case for

bail is made out.

Taking into consideration the over all facts and circumstances

of the case and also the fact there is no further requirement of

custodial interrogation of the present applicant coupled with the fact

that the husband is already in custody and further considering the

judgments passed by the Hon'ble Supreme Court and Division Bench

of this Court in the aforementioned cases, considering the present

scenario of Second Phase of Covid -19, this Court deems it

appropriate to consider this application for grant of interim bail.

Accordingly, this application is allowed for a period of 90 days.

The applicant is directed to be released for a period of 90 days (from

the date of his release) on furnishing a surety bond of Rs.50,000/- (Rs.

HIGH COURT OF MADHYA PRADESH MCRC-18196-2021 ( SMT. SANTO Vs THE STATE OF MADHYA PRADESH)

Fifty thousand Only) with two solvent sureties in the like amount to

the satisfaction of trial Court. The applicant shall submit written

undertaking that she 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. The applicant shall surrender

before trial Court, concerned on completion of 90 days from the

date of release and information to this effect shall be sent by the

court concerned to Registry of this court.

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 her 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

HIGH COURT OF MADHYA PRADESH MCRC-18196-2021 ( SMT. SANTO Vs THE STATE OF MADHYA PRADESH)

of which she is accused;

5. The applicant will not seek unnecessary adjournments during

the trial; and

6. The applicant will not leave India without previous permission

of the trial Court/Investigating Officer, as the case may be.

7. 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 Public Prosecutor to send E-copy of this

order to SHO of concerned police station as well as Superintendent of

Police, concerned who shall inform the concerned SHO regarding the

same.

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.

Copy of this order be sent to the trial Court concerned for compliance.

                                                         (Vishal Mishra)
mani                                                            V.Judge


 SUBASRI MANI
 2021.05.31
 16:30:03
 -07'00'