Smt. Suneeta Pal vs The State Of Madhya Pradesh
2021 Latest Caselaw 6557 MP

    1      THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.49684/2021
                Smt. Suneeta Pal vs. State of M.P.

Gwalior, Dated:20/10/2021

        Shri B.K. Sharma, Counsel for the applicant.

        Shri C.P. Singh, Panel Lawyer for the respondent/State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 16.9.2021 in connection

with Crime No.506/2021 registered at Police Station Kotwali,

District Shivpuri for offence under Sections 22, 23, 18(10) of Pre-

conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex

Selection) Act, under Section 420, 419, 468, 120(B) of IPC and

under Section 24 of Ayurvigyan Adhiniyam.

It is submitted by the counsel for the applicant that the

applicant was appointed as Caretaker in Siddhi Vinayak Hospital,

Shivpuri. A sting operation was conducted to disclose that the said

hospital is involved in illegal abortion. According to the said video

prepared during sting operation the applicant was merely seen

coming out of the room in which the co-accused Smt. Poonam Khan

had made certain admissions. Since the applicant was working as a

Caretaker in Siddhi Vinayak Hospital, Shivpuri, therefore, her

presence in the hospital was natural. As per the report submitted by

the Committee after watching the video footage it is also mentioned 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.49684/2021 Smt. Suneeta Pal vs. State of M.P.

that one lady was seen coming out of the room who was identified as

the present applicant. There is nothing on record that the applicant

had made any admission or she had talk to the persons who were

involved in sting operation. There is no evidence that the applicant

was directly or indirectly involved in gender determination or illegal

abortion. The applicant is in jail for the last more than one month.

The trial is likely to take sufficiently long time and there is no

possibility of her absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. However, after going through the

police case diary, it is fairly submitted that except the presence of the

applicant in the hospital at the time of sting operation, there is no

other evidence against the applicant to show her involvement in

gender determination or illegal abortion.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case as well as

period of detention, without commenting on the merits of the case,

the application is allowed. It is directed that the applicant be released

on bail on furnishing a personal bond in the sum of Rs.1,00,000/-

(Rs. One Lac Only) with one surety in the like amount to the

satisfaction of the Trial Court/Committal Court to appear before the

Court on the dates given by the concerned Court.

         3      THE HIGH COURT OF MADHYA PRADESH
                         MCRC No.49684/2021
                    Smt. Suneeta Pal vs. State of M.P.

This order shall remain effective till the end of the trial but in

case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat & Ors. vs. State of M.P. passed on

18/3/2021 in Criminal Appeal No.329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.10.21 15:19:25 +05'30'