SHAILENDRA SINGH SISODIYA Vs. STATE OF M P

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Line, Vidisha, District Vidisha in connection with Crime No.214/2017 registered in relation to the offence punishable under Sections 420, 467, 468, 471 of IPC.

(3.) It is submitted by counsel for the applicant that the offence is said to have taken place in the year 2017 for which the arrest of the present applicant is shown on 29.9.2020. It is argued that the similar case was registered against the present applicant at Crime No.58/2020 at Police Station Civil Lines, Harda, District Harda for the offences punishable under sections 420, 406, 419, 468 and 471 of IPC, wherein he was taken into custody on 2.3.2020. Thereafter he was enlarged on bail vide order dated 31.8.2020 in M.Cr.C.No.16988/2020 by the Principal Seat, Jabalpur. It is submitted that despite bail being granted to the applicant in the aforesaid case he was not released and was kept in custody. It is argued that as the matter is of the year 2017 the prosecution should have shown the formal arrest of the present applicant in the present case also, once he was arrested on 2nd March, 2020 in Crime No.58/2020, but the prosecution has not done the same. It is submitted that the applicant has preferred an application for release on the ground that despite of completion of 90 days the charge-sheet has not been filed in the matter. Thereafter the arrest of the present applicant is being shown on 29th September, 2020. It is argued that there is no evidence available on record except the oral statement made by the complainant against the present applicant. Applicant is an A.D.P.O. who was lastly posted at Harda. He is ready to abide by all the terms and conditions as may be imposed by this Court. It is submitted by counsel for the applicant that looking to the present scenario of COVID-19 pandemic, he prays for grant of bail. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute Rs.10,000/- in the account of High Court Bar Association, Gwalior for benefit of the lawyers during this COVID-19 scenario.