RAJESH KATARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 28.8.2020 in connection with Crime No.560/2020 registered at Police Station City Kotwali District Khandwa for the offence punishable under Sections 436 and 120-B of the IPC.

(2.) Allegation against the applicant is that he instigated the co-accused to set ablaze the shop of the victim by giving Rs.5,000/-.

(3.) It is submitted that the applicant is innocent. He is in custody since 28.8.2020. Charge sheet has been filed. Trial will take time due to Covid-19. He has been arrayed only on the memorandum given by co-accused Chandan who was found indulged in the incident in the CC TV footage, while thereafter nothing has been collected to establish the alleged act against the applicant and the memo of the co-accused is not admissible in evidence. Apart from it, in the incident the shop of the applicant was also destroyed in the fire. In the circumstances, the applicant is entitled to get the benefit of bail.