The court considered the impact of the COVID-19 pandemic and the Supreme Court's directive to decongest prisons in granting bail to the applicant.

JUDGMENT

Vishal Mishra, J. - 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.

2. Heard the learned counsel for the parties.

3. The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested on 22.08.2020 by Police Station Ambah District Morena (M.P.) in connection with Crime No.478/2005 registered in relation to the offence punishable u/Ss. 498-A, 323, 326, 307 and 34 of IPC and Section 3/4 of Dowry Prohibition Act.

4. It is submitted by the counsel for the applicant that as per the allegation of the prosecution, the incident is said to have taken place in the year 2005. All the other co-accused have already been acquitted by the trial Court on 26.09.2006 parting it to be a case of no evidence. The judgment of acquittal is filed alongwith application i.e. S.T.No.110/2006 judgment dated 26.09.2006. It is submitted that the statement of the complainant was also got recorded wherein she has totally denied the incident. She was examined as PW/3 in the incident in the trial. It is submitted that the early negative aspect of the present applicant who is the mother-in-law is that she has remained absconded since from the year 2005 i.e. almost for a period 15 years and now she has been arrested and she is in custody since 22.08.2020 and there is no allegation of inflicting any injury by the present applicant. The other co-accused have already been acquittal by the trial Court. It is argued that looking to the age of the present applicant coupled with the present Covid-19 scenario, it would not be feasible to remain her in custody. Counsel for the applicant has argued that heavy condition may be imposed. The applicant is ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of bail. The applicant has further shown his willingness to contribute an amount of Rs.25000/- in the account of High Court Bar Association, Gwalior for benefit of the lawyers during this COVID-19 scenario. There is no possibility of his absconding or tampering with the prosecution case. Learned counsel for the applicant prays for bail to the applicant during this Covid-19 pandemic scenario.

5. Per contra, learned Panel Lawyer for the State has opposed the bail application on the ground that the applicant has remained absconded for almost 15 years. Now, the applicant has been arrested and she is in custody since 22.08.2020. Owing to her conduct, unnecessary trial is to be conducted before the trial Court again, but he fairly submits that the other co-accused have already been acquitted by the trial Court.

6. The Hon'ble Supreme by order dated 23.03.2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under :-

"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID 19). Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be