RAHUL Vs. STATE OF M.P

JUDGEMENT

(1.) I.A. No.3445/2020, an application for exemption from filing certified copy of order dated 19/03/2020 passed in M.Cr.C. No.8178/2020, is taken up, considered and allowed for the reasons mentioned therein.

(2.) The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 14/01/2020 by Police Station Kotwali Distt. Morena (M.P.) in connection with Crime No.837/2013 registered for offence under Sections 399 , 400 and 402 of IPC, Section 11/13 of MPDVPK Act and Section 25 / 27 of Arms Act.

(3.) It is submitted by learned counsel for the applicant- Rahul @ Kanja that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 14/01/2020, i.e. for more than six months. Earlier bail application of the applicant was rejected on merits by this Court vide order dated 19/03/2020 passed in M.Cr.C. No.8178/2020 by considering the fact that case of the present applicant was not in parity with the co-accused Goga @ Gogendra as 22 criminal cases were registered against the present applicant. Now this fact has come to the knowledge that co-accused Goga @ Gogendra, who has already been enlarged on bail, was having 17 criminal antecedents. Therefore, the case of the present applicant is same with the co-accused Goga @ Gogendra. It is further submitted that case of the present applicant is on the better footing as the custody period of the present applicant is more than the custody period suffered by the co-accused Goga @ Gogendra, who has already been granted bail. Hence, looking to the aforesaid facts and present COVID-19 condition, learned counsel for the applicant prays for grant of regular bail or interim bail for a period of 60 days. 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.