LAWS(MPH)-2020-5-212

AKHILESH ALIAS CHHOTU Vs. STATE OF M.P.

Decided On May 19, 2020
Akhilesh Alias Chhotu Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Matter is heard through video conferencing. The applicant has filed this first bail application under section 439 Cr.P.C for grant of bail. Applicant has been arrested on 7.3.2020 by Police Station Badoni, District Datia (M.P.) in connection with Crime No.114/2018 registered for offence under Sections 307,323, 294, 506, 34 of IPC read with sections 25, 27 of Arms Act.

(2.) It is submitted by the learned counsel for the applicant-Akhilesh alias Chhotu that this is first bail application under section 439 of Cr.P.C. The applicant is in custody since 7.3.2020. There was quarrel between the neighbours and section 307 of IPC has been enhanced only on the false grounds. There is no gun shot injury. Now parties have arrived at compromise and the document executed for the compromise is Annexure II, as the applicant and complainant are neighbours. Investigation and trial will take its own time. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Therefore, prays for grant of bail.

(3.) Learned Public Prosecutor for the State opposed the prayer and has submitted that there were several criminal antecedents against the present applicant. In case of grant of bail the applicant will not cooperate in the investigation and will adversely affect the prosecution evidence. Hence, prayed to reject the bail application of the applicant.