SEETA SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit. Heard the learned counsel for the parties.

(2.) The applicant has filed this first application u/S. 439 Cr.P.C . for grant of bail. The applicant has been arrested by Police Station Phooph, District Bhind in connection with Crime No.96/2020 registered in relation to the offence punishable under Sections 307 and 147 of IPC.

(3.) It is submitted by counsel for the applicant that the applicant is a lady having a child of one year along with her, who is also in jail. It is submitted that she is in custody since 13.7.2020. As per the allegation of the prosecution the applicant has inflicted a lathi blow on the head of the complainant, but from the MLC no injury is found on the head of the complainant. It is argued that there are 30% burnt injuries on the body of the injured, which appears to be self inflicted. It is argued that Adam Check was also reported to the police authorities, which is filed along with the documents dated 30.3.2020. It is submitted that applicant along with other family members have been falsely implicated in the case owning to some property dispute. She is ready to abide by all the terms and conditions that as may be imposed by this Court. It is further submitted that there is no criminal past of the present applicant. It is submitted by counsel for the applicant that looking to the present scenario of COVID-19 pandemic, the applicant prays for grant of bail as her one year child is also in custody, which is reflected from the order-sheet of the Trial Court dated 14.7.2020. The applicant has shown her willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.10,000/- towards the PM Cares Fund.