RAHUL ALIAS DUDHIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this repeat bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 9/9/2019 by Police Station -Dabra Dehat, District Gwalior in connection with Crime No. 147/2019 registered for the offences punishable under Sections 392 , 394 , 424 of IPC and Section 11/13 of MPDVPK Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 9/9/2019 on false pretext. Applicant already suffered more than 11 months incarceration and charge- sheet has already been filed. It is further submitted that neither the wheat nor the looted truck has been recovered from the possession of applicant. Only one country made pistol has been recovered from his possession. No test identification parade has been conducted in respect of present applicant after he has been arrested. Even otherwise, applicant has been falsely implicated only on the basis of memorandum recorded under Section 27 of Indian Evidence Act of co-accused Ajay Parmar and Suraj. Some criminal cases were registered earlier against the applicant but in most of the cases acquittal has been recorded in his favour and therefore, now applicant is not any threat to the society for disturbance of peace. Even otherwise, he learnt the lesson hardway and would mend his ways and would become a better citizen. Applicant undertakes to cooperate in trial. He further undertakes not be a source of embarrassment or harassment to the complainant party in any manner and would not move in their vicinity. 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. Further looking to the situation of pandemic, he intends to perform community service by serving the Nation by contributing his part by installing Arogya Setu App, contributing in Army Central Welfare Fund and planting saplings in case application is allowed.

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