- (1.)Matter is heard through Video Conferencing. The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 14/10/2019 by Police Station Gormi, District Bhind in connection with Crime No. 315/2019 registered for the offences punishable under Sections 393 of IPC and Section 11/13 of MPDVPK Act.
(2.)It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 14/10/2019. This was applicant's first attempt and he does not bear any criminal record. Now he learnt the lesson hard way and would concentrate only with his studies and would not commit offence of similar nature in future. Looking to the COVID-19 pandemic situation, possibility of early conclusion of trial is bleak possibility. His case be considered sympathetically in view of COVID-19 pandemic situation. He undertakes to cooperate in trial. He further undertakes not be a source of embarrassment or harassment to the victim in any manner and would not move in her vicinity. 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. Further looking to the situation of pandemic, he intends to perform community service by serving the Nation by contributing her part by installing Arogya Setu App and contributing in Army Central Welfare Fund. Counsel for the State opposed the prayer and prayed for dismissal of the bail application.
(3.)Heard learned counsel for the parties at length through VC and considered the arguments advanced by them. After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that applicant deserves to be released on bail. As this Court is not in a position to consider the facts of the case in detail, however, considering the fact that in view of Covid-19 pandemic, without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety to the satisfaction of trial Court and that she will have to install Arogya Setu App, if not already installed.