MAHENDRA DHAKAD Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through Video Conferencing.

(2.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 14.09.2019, by Police Station Kailaras, District Morena, in connection with Crime No.539/2019, registered for offence under Sections 302 , 324 , 323 , 147 , 148 , 149 of IPC.

(3.) It is the submission of learned counsel for the applicant that applicant is suffering confinement since 14.09.2019. Despite issuance of bailable warrant, complainant and other witnesses are not turning for court statement. Three other prosecution witnesses have been examined by the trial court. Only allegation against the applicant is to inflict single blow of Pega over the injured witness namely Sriram and he did not repeat the blow. He did not inflict any injury to the deceased Ramvilas and it was Vishambhar Dayal who inflicted injury from Farsa to the deceased. Charge- sheet has already been filed. Counsel for the applicant seeks parity vis-a-vis order dated 03.06.2020 passed in MCRC No.7412/2020 (Dharmendra Dhakad Vs. State of M.P.). Confinement 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, to install Water Harvesting System and to install Arogya Setu App. Under these grounds, prayer for bail has been made.