Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 1055 (MP)

Priya Sharma v. The State Of Madhya Pradesh

2020-10-08

MOHD FAHIM ANWAR

body2020
JUDGMENT Mohd. Fahim Anwar, J. - Case diary is available with the Panel Lawyer. 2. This is first bail application under Section 439 of Cr.P.C in connection with Crime No.402/2020 registered at Police Station T.T. Nagar Distt. Bhopal for the offence under Sections 294, 313, 323, 506 of IPC. 3. As per the prosecution, on 3.6.2020 the applicant called the complainant Jainab Khan on the house of Irfan Khan, where some quarrel has taken place between them. It is alleged that during the course of that quarrel, the applicant has pushed Jainab Khan, bywhich she sustained internal injury on her abdomen. She lodged the report. On that basis aforesaid crime has been registered under sections 294, 323 and 506 of IPC. It is also alleged that after two days of the incident on 5.6.2020 complainant Jainab Khan suffered from miscarriage because of the injuries she sustained in the said incident. She informed the police, on that basis Section 313 of IPC has also been added in the already registered crime. 4. Learned counsel for the applicant has submitted that the applicant is an innocent person and she has falsely been implicated in the present offence. On the false report of the complainant, the case has been registered against the applicant. It is also submitted that the applicant has no criminal antecedents and she is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicant is in jail since 27.7.2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 5. Per-Contra, learned counsel for the respondent-State opposes the bail application. 6. Considering the facts and circumstances of the case and the fact that the applicant is a lady, who is in judicial custody since 27.7.2020 and also exigency of Covid-19, I am of the considered view that it is a fit case to release the applicant on bail. Therefore, without commenting on the merits of the case, application of the present applicant seems to be acceptable. 7. Therefore, without commenting on the merits of the case, application of the present applicant seems to be acceptable. 7. It is directed that applicant be released on bail on her furnishing a bail bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one surety of the same amount to the satisfaction of the committal/trial Court to appear before the court on the dates given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C. 8. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :- 1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before her release. 2. The applicant shall not be released if she is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing her in appropriate quarantine facility. 9. This M.Cr.C. stands allowed and disposed of. C.C. as per rules.