JITENDRA ALIAS BAGULA 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.) The applicant has filed this fourth application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested on 19.09.2019 by Police Station Sabalgarh, District Morena (M.P.) in connection with Crime No.461/2019 registered in relation to the offence punishable u/Ss. 302, 34 and 201 of IPC.

(3.) It is submitted by the counsel for the applicant that the first application was dismissed as withdrawn vide order dated 29.1.2020 passed in M.Cr.C.No.3758/2020 with liberty to file after sometime. The second application was dismissed as withdrawn vide order dated 12.3.2020 passed in M.Cr.C.No.9529/2020 with a liberty to repeat the same after recording of statements of the material witnesses and third bail application as an interim bail was allowed to the applicant for 45 days by this Court vide order dated 25.06.2020 passed in M.Cr.C.No. 15050/2020. In pursuance to the aforesaid, he has surrendered on the completion of 45 days. It is argued that the applicant has not misused the liberty granted by this Court. The investigation is over and charge sheet has already been filed. There is no further requirement of custodial interrogation of the present applicant. It is further submitted that the incident is said to have taken place on 11.12.2018 for which F.I.R. was made on 17.09.2019. The present applicant has been roped in the case on the basis of last seen evidence and on the basis of memorandum under Section 27 of the Evidence of the co-accused wherein the name of the present applicant has not taken. There is no material on record to implicate the applicant under Section 302 of IPC. He is ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of bail. He has shown his willingness to contribute an amount of Rs.10,000/- in the account of High Court Bar Association, Gwalior for benefit of the lawyers during this COVID-19 scenario. There is no possibility of his absconding or tampering with the prosecution case. Counsel for the applicant prays for grant of bail to the applicant.