KRISHNAKANT TYAGI Vs. STATE OF M.P

JUDGEMENT

(1.) Heard on I.A. No.2020/2020, an application for correction in memo of bail application.

(2.) Due to typographical error, Section 302 of IPC has wrongly been mentioned instead of Section 392 of IPC. On due consideration, the application is allowed. Necessary correction be carried out across the Board. After correction, with consent matter heard finally. The applicant has been arrested and is in custody since 12.09.2019, in connection with Crime No.407/2019 registered at Police Station Kampoo, District Gwalior for the offence punishable under Sections 392 of IPC and Section 11/13 of MPDVPK Act. His earlier bail applications were dismissed as withdrawn by this court.

(3.) It is the submission of counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 15.09.2019, whereas, charge sheet has already been filed. In Test Identification Parade the victim has not recognized the identity of the applicant, therefore, role of applicant in loot is not substantiated prima facie. Confinement amounts to pre trial detention. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial court and would not be a source of embarrassment or harassment to the complainant party in any manner. He further undertakes to perform community service to purge his misdeed, if any and serve the society in meaningful manner. Under these grounds, learned counsel prayed for grant of bail to the applicant. Learned Public Prosecutor for the State opposed the prayer made by the applicant and prayed for dismissal of this application. Heard learned counsel for the parties and perused the case diary.