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2020 DIGILAW 967 (MP)

Indo Bai v. State Of Madhya Pradesh

2020-09-29

VIJAY KUMAR SHUKLA

body2020
JUDGMENT Vijay Kumar Shukla, J. - On account of prevailing conditions worldwide, brought about by the COVID-19 virus the revision application has been heard through video conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing. 2. This is the second bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No.157/2020 registered at the Police Station, Bichhua, District Chhindwara for the offence punishable under sections 304-B and 498-A/34 of the IPC. The earlier application was withdrawn on 4-8-2020. 3. On going through the statement of the father of the deceased, it is apparent that there is allegation of demand of dowry and harassment against the son-in-law, Veerpal Singh and the present applicant, who is the grand mother-in-law of the deceased. Allegation against the present applicant is that she had stated that she will get the deceased harassed through her son Veerpal. 4. Taking into consideration the statement of the father of the deceased against the applicant coupled with the fact that she is a lady of 75 years old and she is in jail since 3-7-2020, I am of the view that the applicant is entitled for grant of bail. 5. Accordingly, it is directed that the applicant - Indo Bai, shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand) with one surety of the like amount to the satisfaction of the trial Court. Further, the applicant shall comply the provisions of Section 437(3) Cr.P.C. 6. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 and ensure that the applicant is examined by the jail doctor before her release. 7. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct her to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure her transportation from the jail till her place of residence. 8. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure her transportation from the jail till her place of residence. 8. It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant. 9. A typed copy of this order is being forwarded to the Office of the Advocate General on their e-mail address for intimation to the Police Station concerned. The Office is requested to forward a copy of this order to the learned Court below. 10. The application is accordingly allowed. 11. C.c. as per rules.