KISHANLAL KUSHWAHA 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 02.11.2018, by Police Station Girwai, District Gwalior, in connection with Crime No.233/2018, registered for offence under Section 302 of IPC.

(2.) prosecution witnesses including seizure witness have been examined before the trial court in which seizure witness turned hostile and did not support the prosecution story. Even otherwise, case is of circumstantial evidence and is of no eye-witness. Deceased is applicant's wife and their three children lived in the house of applicant, therefore, he has to maintain them in the challenging situation of COVID-19 pandemic. Confinement for last more than 21 months amounts to pretrial detention. He undertakes to cooperate in trial as well as investigation and would available as and when required. He would not be a source of embarrassment or harassment to the complainant. He further undertakes to perform community service and to serve national cause by contributing in Army Central Welfare Fund and to install Arogya Setu App. Under these grounds, prayer for bail has been made.

(3.) Learned PL for the State opposed the prayer and prayed for its dismissal.