RAJBAHADUR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this repeat bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 2/5/2020 by Police Station -Devgarh, District Morena in connection with Crime No. 45/2020 registered for the offences punishable under Sections 302 , 323 , 294 , 147 , 148 , 149 , 324 , 325 , 307 of IPC and Section 25 / 27 of Arms Act.

(2.) It is the submission of learned counsel for the applicant that applicant has been falsely implicated in the matter and it is a case of over implication because FIR was lodged with delay. When applicant during that period visited to hospital to take care of his own family member, who was being injured at the instance of complainant party then this opportunity has been used by the complainant to get knowledge about the present applicant and his name has been referred as an accused. Even otherwise, as per the allegations present applicant inflicted Lathi blow to one Puran but same are not being corroborated by the medical report. It is further submitted that complainant or applicant party also sustained death by way of deceased Ajab Singh. Charge-sheet has already been filed and chance of tampering with the evidence/witness is remote. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial. He 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 his part by installing Arogya Setu App and planting saplings. in case application is allowed.

(3.) Counsel for the State opposed the prayer and prayed for dismissal of the bail application.