Asma Be vs The State Of Madhya Pradesh
2021 Latest Caselaw 4934 MP

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             The High Court Of Madhya Pradesh
                         M.Cr.C.No.30887 of 2021
                     (Asma Be Vs. State of Madhya Pradesh)

Jabalpur, Dated :02.09.2021
      Shri Paritosh Trivedi, learned counsel for the applicant.

      Shri    Kamlesh     Dwivedi,     learned    panel      lawyer   for   the

respondent/State.

This is first bail application under Section 439 of Cr.P.C filed by the

applicants for grant of bail.

The applicant has been arrested on 03.10.2020 by Police Station

Maharajpur District Mandla in connection with Crime No.357/2021

registered in relation to the offence punishable under Sections 302 and

201, 120-B and 34 of the Indian Penal Code.

It is submitted that applicant has falsely been implicated in the

present case and she has not committed any offence in any manner. It is

pointed out by the learned counsel for the applicant that the statement of

last seen witness Mamta Namdeo has been recorded before the Trial Court

and she has not supported the prosecution story. The applicant is in

custody since 03.10.2020. As there is no other last seen witness in the

case and the entire case is based upon the circumstantial evidence, he

prays for grant of bail, as there is no further requirement of custodial

interrogation of the applicant. The applicant is the first offender and is

ready to abide with all the terms and conditions as may be imposed by

this Court while considering their application for grant of bail. He has

relied upon the judgment rendered by the Hon'ble Supreme Court by

order dated 23.03.2020 passed in the case of IN RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020

wherein, while considering the situation arising out of the Covid 19

Pandemic scenario, it has directed all the States to constitute a High Level

Committee to consider the release of prisoners in order to decongest the

prisons if they are not required any further in custody and by Division

Bench of this Court Principal Seat at Jabalpur in W.P.No.9320 of 2021 on

17.5.2021. Upon these grounds, counsel for the applicants prayed for

grant of bail.

Per contra, learned counsel appearing for the State though opposed

the application by stating that there are some active participation in

commission of offence but he could not dispute the fact that the sole last

seen witness Mamta Namdeo has not supported the prosecution story. It is

further pointed out that there are no other last seen witness to be examined

before the Trial Court. The applicant being the first offender as per the

case diary record is not disputed by the counsel for the State.

Considering the over all facts and circumstances of the case and

subject to verification of this fact that the applicant is first offender and

taking into consideration the judgment passed by Hon'ble Apex Court in

W.P. (C) No.1/2020 on 23.3.2020 and by the Division Bench of this court

at Main Seat Jabalpur in W.P.No.9320 of 2021 on 17.5.2021 respectively,

as stated herein above, this Court deems it appropriate to allow this

application. Accordingly, the application is hereby allowed. The applicant

is directed to be released on bail and on furnishing surety bond of

Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety 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.

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 himself 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

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.

7. If the applicant is found involved in any other case except

present one, the bail granted to the applicant shall stand rejected without

reference to the court;

8.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.

Application stands allowed and disposed of.

The applicant shall install Arogya Setu App in her mobile

immediately and would intimate her place of residence to the SHO of

concerned Police Station; where she reside. Applicant shall further submit

the undertaking to the effect that she will abide by the terms and

conditions of different circulars, orders as well as guidelines issued by

Central Government, State Government as well as Local Administration

for maintaining social distancing, hygiene etc to avoid Novel Corona

Virus (COVID-19) pandemic.

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.

E-copy of this order be provided to the applicant and E-copy of this

order be sent to the trial Court concerned for compliance. It is made clear

that E-copy of this order shall be treated as certified copy for practical

purposes in respect of this order.

Certified copy as per rules.

(Vishal Mishra) Judge

AM.

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.09.06 16:52:27 +05'30'