CHOTU @ HARENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit. 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 on 05.01.2020 by Police Station Bilaua, District Gwalior (M.P.) in connection with Crime No.117/2019 registered in relation to the offence punishable u/Ss. 395, 397, 307 of IPC and Section 11/13 of MPDVPK Act.

(3.) It is argued by the counsel for the applicant that the applicant has been falsely implicated in this case and he has not committed any offence in any manner. The T.I.P. of the present applicant has not been conducted in the matter. It is submitted that the co-accused persons namely Banti @ Ramhet, Sooraj, Rahul Singh Gurjar & Another and Ram Niwas have already been enlarged on bail by this Court vide order dated 17.10.2019, 17.10.2019, 31.10.2019 and 05.11.2019 passed in M.Cr.C.Nos.34910/2019, 35614/2019, 44189/2019 and 44214/2019 respectively. The case of the present applicant is exactly identical to that of the aforesaid co-accused persons. The applicant is in custody since 05.01.2020. He is ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of bail. The applicant has shown his willingness to contribute an amount of Rs.10000/- towards the PM Care Fund. There is no possibility of his absconding or tampering with the prosecution case. Counsel for the applicant prays for grant of bail to the applicant.