RAMNARESH SIKARWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 16-06- 2020 by Police Station City Padav, District Gwalior in connection with Crime No.237/2020 registered for offence punishable under Sections 306 , 34 of IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 16-06-2020 and charge-sheet has already been filed. It is further submitted that applicant is living in separate household than deceased. It is further submitted that only on the basis of omnibus allegations, he has been implicated. No ante- mortem injury or suicide note is found to implicate the applicant. Even husband of the deceased (brother of present applicant) is living separately and is alcoholic and dispute with his wife (since deceased) occurred intermittently. Confinement amounts to pretrial detention. Looking to the prevailing condition of COVID- 19, he seeks bail on sympathetic grounds also. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party, in any manner and he shall not move in the vicinity of complainant party. He further undertakes to abide by all the terms and conditions of guidelines, 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. Applicant intends to perform community service and to serve the National cause by contributing in Army Central Welfare Fund.

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