DHARMENDRA 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 20.11.2019 by Police Station Kailaras, District Morena, in connection with Crime No.539/19 for the offence punishable under Sections 302 , 323 , 324 , 147 , 148 , 149 of IPC.

(3.) It is the submission of learned counsel for the applicant that he is suffering confinement since 20.11.2019 on false pretext. Only allegation attributable over the applicant is of inflicting Lathi blow to injured, namely Shriram and that too over his right elbow and the injury is simple in nature. Despite issuance of bailable warrant, complainant and other witnesses are not turning up for court statement. Three other witnesses have been examined by the trial Court. Applicant does not bear any criminal record and it is a case of over implication. Confinement amounts to pre- trial detention. He undertakes to cooperate in investigation/trial. He further undertakes to perform community service and serve the national cause by making contribution in PM Relief Care Fund if bail is granted. 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. In totality of circumstances prevailing at present of Covid-19, his case be considered sympathetically.