PHOOL SINGH 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 10.10.2019 by Police Station Sironj, District Vidisha, in connection with Crime No.418/2019 registered for offence under Sections 302 , 307 , 294 / 34 of IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 10.10.2019. Charge-sheet has already been filed. It is further submitted that only role attributable over the applicant is to inflict injuries by Lathi wielded by him over injured witness Thansingh and no injuries have been caused by applicant over deceased Harisingh. He submits that his role is to be independently seen and not with the aid of Sections 148 and 149 of IPC as cross-case has also been registered against the complainant party. He relied upon the judgment rendered by the Apex Court in the case of Gajanand and others vs. State of UP, AIR 1954 SC 695. He undertakes to cooperate in trial and would not be a source of embarrassment/harassment to the complainant party in any manner. 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. He intends to perform community service by way of depositing some amount in the PM CARES Fund. In totality of circumstances prevailing at present of Covid-19, his case be considered sympathetically.

(3.) Counsel for the State as well as learned counsel for the complainant opposed the prayer and prayed for dismissal of the bail application.