NARESH CHAND JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through video conferencing. I.A. No.16488/2020, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein. The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 03/12/2019 by Police Station Gormi, Distt. Bhind (M.P.) in connection with Crime No.352/2019 registered for offence under Sections 420, 406 of IPC.

(2.) It is submitted by learned counsel for the applicant- Naresh Chand Jain that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 03/12/2019, i.e. for more than 11 months. Applicant is aged around 64 years. This is third application on behalf of applicant under Section 439 of Cr.P.C. for grant of bail. Earlier applications were rejected on merits by this Court. Thereafter, the change circumstance is that the main accused of this case, namely Tapalle @ Sanjeev Jain and Prakash Jain, have been arrested and they are in custody. After the rejection of last bail application moved on behalf of present applicant, around 7 months have been elapsed. It is further submitted that there is no role of applicant in the present case. The applicant is not the main accused of this case. It is further submitted that investigation and thereafter trial will take its own time. Hence, looking to the aforesaid change circumstance and age of the applicant, learned counsel prays for grant of bail to the applicant. 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.

(3.) Learned State counsel has vehemently opposed the application and has submitted that other co-accused persons, namely, Tapalle @ Sanjeev Jain and Prakash Jain have been arrested and they are in custody since 12/09/2020. The case is registered against the present applicant under Sections 420, 406 of IPC. Hence, prayed for rejection of present bail application.