NARENDRA JATAV Vs. STATE OF M.P.)

JUDGEMENT

(1.) The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 30-08- 2019 by Police Station Pichhore, District Shivpuri in connection with Crime No.109/2019 registered for offence punishable under Sections 302 , 452 , 323 , 324 , 326 , 294 , 506 , 34 of IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 30-08-2019 and charge-sheet has already been filed. It is further submitted that the deceased suffered blows twice before being succumbed to the injuries. Earlier blow was given on 13-03-2019 by his sons namely, Pramod Jatav and Mukhtiyar Jatav and deceased sustained injuries over his left frontal and left parietal region of skull and that were incised wounds. Later on, dispute erupted with the applicant on 16-03- 2019 and allegedly certain injuries were sustained by the deceased in the hands of the present applicant/co-accused. Those injuries were mainly either over right pinna and incised wound over right side of eye which were not sufficient to cause death to the deceased. He died later on. Post mortem report of the deceased indicates that he succumbed due to injuries sustained by him over his head and he died due to cardiorespiratory arrest. Therefore, death of the deceased cannot be attributed over the applicant.

(3.) Confinement amounts to pretrial detention. Looking to the prevailing condition of COVID-19, he seeks bail on sympathetic grounds also. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party, in any manner and he shall not move in the vicinity of complainant party. He further undertakes to abide by all the terms and conditions of guidelines, 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. Applicant intends to perform community service.