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Judgment
Heard the parties through Video Conferencing.
The petitioner has been made accused in connection with Chandwa P.s. case no. 140 of 2018 instituted under sections 147, 148, 149, 341, 342, 386,
387, 427, 435, 336 of the Indian Penal Code, Section 10/13 of Unlawful Activities (Prevention) Act and Section 17 (i) (ii) of Criminal Law Amendment
Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is associated with a banned extremist organization MCC and set fire to the JCB machine, Bolero vehicle at the construction site of the informant which was engaged for construction of road under PMGSY. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false and the petitioner has been arrayed in several cases on basis of his own confession. It is further submitted by learned counsel for the petitioner that the petitioner has been in jail custody since 14.01.2020 as mentioned in the paragraph 10 of the bail application hence, the petitioner may be released on regular bail.
Learned Addl. P.P. vehemently opposes the prayer for bail and submits that the petitioner was involved in creating terror in the locality which has impeded development work of the Government and there is every chance of petitioners absconding, if released on bail hence in view of serious allegation and criminal antecedent, the petitioner ought not be released on bail.
Considering the serious allegation against the petitioner of being a member of an unlawful association and being indulged in unlawful activities, this
Court is of considered view that this is not a fit case where the petitioner be released on bail. Accordingly, the prayer for bail of the above named
petitioner is rejected.
Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order in administrative side of this Court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months from the date of receipt of this order by the trial Court. It is made clear that the trial be conducted and witnesses be examined by observing the precautions relating to COVID- 19 pandemic.