SAVITRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situations due to the outbreak of Novel Corona Virus COVID-19 and considering the advisories issued by the Government of India, this application is being heard and decided through video conferencing to maintain social distancing. The parties are being represented through their respective counsels through VC and therefore, norms of social distancing/physical distancing were followed in letter and spirit.

(2.) The applicant has filed this application u/S 438, Cr.P.C . for grant of bail. The applicant apprehends her arrest in connection with Crime No.356/2019 registered in relation to the offences punishable under Secs. 307/34 of the IPC by Police Station Dharnawada, Distt. Guna.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and has not committed any offence in any manner. It is submitted that statements of the prosecutrix and other witnesses namely Bharti (PW-1), Guddibai (PW-2), Kanahyalal (PW-3) and Lakhan Kirar (PW-4) have been recorded before the trial court and they have specifically denied the incident. It is submitted that applicant is a lady aged about 20 years. It is submitted that other co-accused have been granted bail in M.Cr.C. No. 41998/2019 vide order dated 30.10. 2019. It is submitted that investigation is over and charge-sheet has been filed on 11. 12. 2019 and he has relied upon judgement passed in the case of Ravindra Saxena v. State of Rajasthan reported in 2010 ( 1) SCC 684 wherein it is categorically held that application under Sec. 438 of Cr.P.C is maintainable even after filing of charge-sheet. She undertakes to cooperate in the investigation/trial and make himself available as and when required. She has shown his willingness to contribute Rs. 20,000/- in PM Cares Fund. Under these circumstances, counsel for the applicant prays for bail.