RAJKUMAR NARWARIYA 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.

(2.) Heard the learned counsel for the parties.

(3.) The applicant has filed this second application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Porsa, District Morena in connection with Crime No.189/2015 registered in relation to the offence punishable under Sections 399, 400, 402 of IPC and Section 11/13 of MPDVPK Act. First application was rejected on merits vide order dated 3.2.2020 passed in M.Cr.C. No.4219/2020. It is submitted that as per the prosecution story the allegation against the present applicant is that he had assembled along with the other co-accused persons for making preparation for committing dacoity. It is submitted that he is in custody since 8.1.2020 and is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail. He is the first offender. There is no criminal past of the present applicant. He has shown his willingness to contribute an amount of Rs.5000/- towards the PM Care Fund. On these grounds, he prays for grant of bail.