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Judgment
Vishal Mishra, J
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.
Heard the learned counsel for the parties.
The applicant has filed this first application under section 438 of the Cr.P.C. for grant of bail.
The applicant apprehends his arrest in Crime No.429/2020 registered by Police Station Vishwavidyalaya, District Gwalior for offence punishable
under Sections 323, 294, 324, 506, 147, 427, 326 of IPC.
It is alleged that the applicant has been falsely implicated in the case. He has not committed the offence in any manner. There are no allegations of
inflicting injury against the present applicant. He is a student and mere presence is shown. He is ready to abide by all the terms and conditions that
may be imposed by this Court and shown his willingness to render his social services during this COVID 19 pandemic. Per contra, counsel for the
State has opposed the application stating that there is active participation of the present applicant in commission of offence. As per the FIR the
applicant along with others have inflicted injuries to injured Kunal. As per the MLC three injuries were found over the body of the injured.
Investigation is pending in the matter. There are no documents filed with respect to the fact that the applicant is a student. He prays for dismissal of
the application.
Considering the overall facts and circumstances of the case, this Court is not inclined to allow this application. The application is hereby rejected.