SHIV SINGH & ANR. Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicants have been arrested on 5/3/2020 by Police Station Gohad, District Bhind in connection with Crime No. 11/2020 registered for the offences punishable under Section 376-D , 506-B of IPC.

(2.) It is the submission of learned counsel for the applicants that false case has been registered against applicants and they are suffering confinement since 5/3/2020; whereas, charge-sheet has already been filed. It is further submitted that narration of story indicates an improbable event because no injuries have been sustained by the victim over her person. Due to personal enmity and political rivalry between the parties, this case has been registered. In fact, main accused Jitendra and prosecutrix were in close proximity and therefore, being uncle of Jitendra, present applicants are suffering unnecessarily. Confinement amounts to pretrial detention. Looking to the prevailing condition of COVID- 19, they seek bail on sympathetic grounds also. They undertake to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party, in any manner. They further undertake 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. Further looking to the situation of pandemic, they intend to serve the Nation by contributing their part by installing Arogya Setu App and by contributing in PMCARES Fund, in case bail is granted.

(3.) Counsel for the State opposed the prayer and prayed for dismissal of the bail application.