Smt. Ruby vs The State Of Madhya Pradesh
2021 Latest Caselaw 5865 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.46883/2021 (SMT. RUBY VS. STATE OF M.P.)

Gwalior, Dated : 22/09/2021

Shri Deependra Singh Kushwah, learned counsel for the

applicant.

Shri Lokendra Shrivastava, learned counsel for the State.

Case diary is available.

This is first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime

No.79/2021 registered at Police Station Nayagaon, District Bhind

for offence under Sections 327, 342, 323, 294 and 506/34 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, the complainant was constructing fencing

and it is alleged that at the time the applicant came there and said

that in case, if the complainant wants to construct fencing, then he

has to pay money. When he refused to do so, then he was assaulted

by the complainant by fists and blows. It is submitted that so far as

the allegation of demanding money for constructing fence is

concerned, the same has been falsely made in order to make the

offence non bailable. All the other offences registered against the

applicant are bailable. The applicant is ready and willing to abide

by any stringent condition as well as co-operate with the

investigation officer. 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 State. It is submitted that in the year 2008 one more

offence against the applicant under Sections 323 and 324 was

registered.

Considered the submissions made by the Counsel for the

parties.

The Supreme Court by order dated 23-3-2020 passed in the

case of IN RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the

States to constitute a High Powered Committee to consider the release

of prisoners in order to decongest the prisons. The Supreme Court

has observed as under :

"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known

as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."

Considering the allegations made against the applicant as well

as considering the fact the deteriorating situation in view of second

wave of Covid19 pandemic, and without commenting on the merits of

the case, it is directed that if the applicant appears before the

Investigating officer on or before 29/09/2021 and furnishes his

personal bond in the sum of Rs. 1,00,000 (Rs. One Lac) to the

satisfaction of the investigating officer, then he shall be released on

bail. The applicant shall also furnish an undertaking that he shall

follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration (General or Specific) from

time to time for combating Covid19.

The other conditions of Section 438 Cr.P.C. shall remain the

same.

This order shall remain in force, till the conclusion of Trial. In

case of bail jump, or violation of any of the condition(s) mentioned

above, this order shall automatically lose its effect.

In case, if the applicant fails to appear before the investigating

officer on the specified date, then this order shall lose its effect.

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.

With aforesaid observations, this application is Allowed.

                                                                        (G.S. Ahluwalia)
Pj'S/-                                                                        Judge
         Digitally signed
         by PRINCEE
         BARAIYA
         Date: 2021.09.22
         17:38:12 -07'00'