HEMABAI Vs. STATE OF M.P

JUDGEMENT

(1.) Matter is heard through Video Conferencing.

(2.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 2/6/2020 by Police Station Mungawali, District Ashoknagar in connection with Crime No. 155/2019 registered for the offences punishable under Sections 366 , 376 , 376(2) , 506 / 34 of IPC.

(3.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and she is suffering confinement since 2/6/2020 on false pretext. Applicant is mother of main accused Pradeep, who is in confinement. Name of applicant was not referred in FIR and statement under Section 161Cr .P.C., but later on included in statement under Section 164 of Cr.P.C. and in supplementary statement. Allegation against present applicant indicates an improbable event, although prosecutrix tried to evade her arrest for some time but that is out of fear and suspicion, nothing else. Chance of tampering with the evidence/witness is remote. Charge-sheet has already been filed. Her case be considered sympathetically in view of COVID-19 pandemic situation. She undertakes to cooperate in trial. She further undertakes not be a source of embarrassment or harassment to the prosecutrix in any manner and would not move in her vicinity. She further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Further looking to the situation of pandemic, he intends to perform community service by serving the Nation by contributing her part by installing Arogya Setu App and contributing in PM CARES Fund.