NARENDRA DHAKAD Vs. STATE OF M.P.

JUDGEMENT

(1.) Shri Pradeep Katare, learned counsel for the complainant. Matter is heard through Video Conferencing. 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.539/19 for the offence punishable under Sections 302, 323, 324, 325, 147, 148, 149 of IPC.

(2.) It is the submission of learned counsel for the applicant that he is suffering confinement since 14/09/2019 on false pretext. Only allegation attributable over the applicant is of inflicting Farsa blow to injured namely Sriram over his head and such injury is simple in nature. At best, offence falls under Section 324 of IPC and maximum punishment prescribed under said provision is 3 years at best, out of which applicant already suffered almost one year confinement because he is in confinement since 14/9/2020. 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. Further looking to the situation of pandemic, he intends to perform the community service voluntarily by serving the Nation by contributing his part by installing Arogya Setu App and contributing in PM Cares Fund.

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