PADMA 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 9/4/2020 by Police Station Nateran, District Vidisha in connection with Crime No. 43/2020 registered for the offences punishable under Sections 376 (D), 450, 201, 202, 313, 315, 506, 34 of IPC and Section 5/6 of POCSO Act.

(3.) Learned counsel for the applicant submits that allegation of offence under Section 376 of IPC is not attributable over the present applicant. She was instrumental in causing abortion of prosecutrix despite she was not a qualified doctor and for that she suffered almost three months incarceration since 9/4/2020. Charge-sheet has already been filed. Being a lady, aged 40 years, 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 Army Central Welfare Fund.