Madhya Pradesh High Court
Mrs. Sonia Shukul vs The State Of Madhya Pradesh on 17 August, 2021
Author: Arun Kumar Sharma
Bench: Arun Kumar Sharma
1 MCRC-39409-2021
The High Court Of Madhya Pradesh
MCRC-39409-2021
(MRS. SONIA SHUKUL Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 17-08-2021
Heard through Video Conferencing.
Shri Manish Datt, learned Senior Advocate with Shri Pankaj Dubey,
Advocate for the applicant.
Smt. Priyanka Mishra, learned Government Advocate for the
respondent/ State.
Heard.
This is the first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail arrested on 18.5.2021 in connection with Crime No.252/21 registered at Police Station Omti, Jabalpur, District Jabalpur (MP) for the offence punishable under Sections 201, 212, 274, 275, 308, 420, 120-B of the IPC; Section 53 of Disaster Management Act, 2005; Section 3 of Epidemic Diseases Act, 1897 and Section 5/13 of NDPS Act.
As per the prosecution case, one Sarabjeet Singh Mokha in connivance with Devesh Chourasia and Sapan Jain arranged fake remdesivir injections from Indore and the same were used in the City Hospital, Jabalpur which is run by Sarabjeet Singh Mokha. It is alleged that the applicant and other co- accused persons caused disappearance of the evidence of the alleged offences and also destroyed the Register in which the entries of fake remdesivir injections were made and also destroyed the vials of the fake remdesivir injections.
It is submitted that the applicant is innocent. She is in custody since 18.5.2021. Charge sheet has been filed. The trial will take time. There is no criminal antecedents of the applicant. Further submitted that the alleged remdesivir injections were not manufactured by the present applicant nor it was transported by the applicant from Indore to Jabalpur. The sole allegation 2 MCRC-39409-2021 against the present applicant is that she destroyed the vials of fake remdesivir injections and the concerned Register of City Hospital and if the case of the prosecution is accepted then only an offence under Section 201 of the IPC would be made out against the present applicant. The applicant was working on administrative side in the City Hospital. There is no likelihood of her absconding or tampering with the witnesses. Hence, she be released on bail.
Learned Government Advocate has vehemently opposed the bail application stating that the applicant has taken active part in commission of the alleged offences. She along with other co-accused persons has satiated the cravings of money at the time when the public at large was suffering from Covid-19 (Pandemic) and was in dire need of remdesivir injections and vials of remdesivir have also been recovered from the possession of the applicant. Hence, prayer is made to reject the bail application.
Looking to the facts and circumstances of the case, this court is of the view that this is not a case in which the applicant is required to be kept in custody during the whole trial but without commenting anything on the merits of the case, this application is allowed and it is ordered that the applicant- accused Mrs. Sonia Shukul be released on bail on her furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lac only) with a solvent surety in the like amount to the satisfaction of the trial court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
In view of the outbreak of ÂœCorona Virus Disease (COVID-19)Â, the applicant shall also comply with the rules and norms of social distancing.
Further, in view of the order passed by the Hon'™ble Supreme court in suo motu W.P.No.1/2020, it would be appropriate to issue the following directions to the Jail authorities :-
1. The Jail Authority shall ensure the medical examination of the applicant/s by the jail doctor before his/her/their release.
3 MCRC-39409-2021
2. The applicant shall not be released if he is suffering from Corona Virus Disease and for this purpose, appropriate tests will be carried out.
3. If it is found that the applicant is suffering from Corona Virus DiseaseÂ, necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
4. If the applicant is not found infected with the alleged virus, the jail authority shall ensure his transportation from the jail to his place of residence. The transportation shall be done in full compliance of the rules and norms of social distancing.
Certified copy / e-copy as per rules.
(ARUN KUMAR SHARMA) JUDGE JP Signature Not Verified SAN Digitally signed by JITENDRA KUMAR PAROUHA Date: 2021.08.17 17:26:07 IST