NITIN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situations due to the outbreak of Novel Corona Virus COVID-19 and considering the advisories issued by the Government of India, this application is being heard and decided through video conferencing to maintain social distancing. The parties are being represented through their respective counsels through VC and therefore, norms of social distancing/physical distancing were followed in letter and spirit.

(2.) The applicant has filed this application u/S 438, Cr.P.C . for grant of bail. The applicant apprehends his arrest in connection with Crime No.623/2019 registered in relation to the offences punishable under Secs. 307, 147, 148 and 149 of the IPC and 25/27 of the Arms Act by Police Station Gole Ka Mandir Distt. Gwalior.

(3.) Learned counsel for the applicant submits that the applicant is not named in the FIR and none of the injured witnesses has taken name of the applicant in the statement recorded under Sec. 161 of the Cr.P.C . and only on the basis of memo recorded under Sec. 27 of the Evidence Act applicant has been implicated as accused in the case. Investigation is over in the matter and charge-sheet has been filed. He has drawn attention of this court to the medical report wherein the Doctor has not given any definite opinion regarding gun shot injury. It is argued that there is CCTV footage recovered from one shop of which investigation check was done by the investigating authority and under Sec. 65 (B) of the Evidence Act the said footage/electronic evidence has been filed and in the CCTV footage present applicant is not seen. He undertakes to cooperate in the investigation/trial a n d make himself available as and when required. He has shown his willingness to contribute Rs. 10,000/- in PM Cares Fund. Under these circumstances, counsel for the applicant prays for bail.