RAGVENDRA SINGH PAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 29.11.2019 by Police Station Morar, District Gwalior in connection with Crime No.427/2019 registered for offence under Section 302 / 34 of IPC. His first application has been dismissed as withdrawn by order dated 13.12.2019 passed in M.Cr.C.No.51859/2019.

(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 29.11.2019 and charge-sheet has already been filed. Although his name figures in dying declaration but not as a person who compelled the deceased to consume poison. Later on, narration of story changed and role of applicant is indicated in a manner whereby he alleged to be the person who compelled the deceased to consume poison. Matter mainly pertains to domestic dispute and applicant does not bear any criminal antecedents. Confinement since 29.11.2019 amounts to pretrial detention. It is further submitted that looking to the peculiar fact of Pandemic Covid-19, his case be considered sympathetically. He undertakes to cooperate in trial and would not be a source of embarrassment or 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 further undertakes to serve the national cause by making contribution in PM Care Fund and install Arogya Setu App. On these grounds, prayer for bail has been made.

(3.) Counsel for the State opposed the prayer and prayed for dismissal of the bail application.