POORAN SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through video conferencing.

(2.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 22/02/2020 by Police Station Ambah Distt. Morena (M.P.) in connection with Crime No.132/2018 registered for offence under Sections 308, 336, 323, 506, 147, 148, 149 and 307 of IPC and under Sections 25/27, 30 of Arms Act.

(3.) It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the case. The applicant is in custody since 22/02/2020. It is further submitted that the date of incident, as per prosecution case, is 09/03/2018 and FIR was lodged on 16/03/2018 and there is no explanation regarding seven days delayed FIR. The overt act of the present applicant is to hit the complainant using Lathi. He has no criminal antecedents. It is also submitted that the main accused of this case, Mahadev Sharma has already been granted bail by Co-ordinate Bench of this Court vide order dated 05/10/2018 passed in M.Cr.C. No. 38859/2018. The case of present applicant is on better footing as the main accused used fire arms. Hence, prays for grant of bail. 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.