ARVIND KUSHWAH Vs. STATE OF M.P

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

(2.) Heard the learned counsel for the parties. The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Chirula, District Datia in connection with Crime No.58/2020 registered in relation to the offence punishable under Sections 307, 353, 332, 427, 435, 294, 323,506, 147, 148, 149, 188, 269, 270, 186 of IPC read with Section 51-B of Disaster Management Act.

(3.) It is submitted by learned counsel for the applicant that he has been falsely implicated in the case and he has not committed any offence in any manner. There is no recovery from the present applicant. There are omnibus allegation has been levelled against the present applicant. It is submitted by the counsel for the applicant that father of the applicant died on 29.5.2020 and brothers of the applicant are residing in Delhi and not attended the funeral of his father due to lockdown. It is further submitted there is no member in the family to perform the last rites of father of the applicant. It is submitted that overall 26 persons are made accused in the present case out of which 18 are male persons and remaining 8 are women. There is no criminal history of the present applicant. The applicant is in custody since 26.04.2020. He is ready to abide by all the terms and conditions as may be imposed by this Hon'ble Court. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.2500/- towards the PM Cares Fund. Under these circumstances, counsel for the applicant prays for grant of bail to the applicant.