PAPPY GURJAR 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 sixth application u/S. 439 Cr.P.C . for grant of bail. The applicant has been arrested by Police Station Saraichhola, District Morena in connection with Crime No.05/2019 registered in relation to the offence punishable under Sections 307 , 353 , 323 , 294 , 186 , 332 , 395 , 397 , 398 , 394 , 147 , 148 , 149 , 324 of IPC and sections 11/13 of M.P.D.V.P.K. Act. Earlier applications filed by the applicant were dismissed on merits also.

(3.) It is argued by counsel for the applicant that the applicant is in custody since 4.2.2019 and the injuries which were sustained are not reported to be dangerous to life. He has relied upon a judgment passed by the Hon'ble Supreme Court in the case of Bhausaheb Nagu Dhavare Vs. State of Maharashtra, 2001 (3) Crimes 410 and submitted that looking to the custody period the applicant deserves to be enlarged on bail. It is further argued that the another case registered under section 363 of IPC the prosecutrix has turned hostile in that matter. The copy of the statement is filed by the counsel for the applicant. He is ready to abide by all the terms and conditions as may be imposed by this Court. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.10,000/- towards the PM Cares Fund. Under these circumstances, counsel for the applicant prays for grant of bail to the applicant.