(1.) Heard learned Counsel for the applicant.
(2.) This is an application under Section 439, Cr.PC filed by the applicant for grant of bail. The applicant and other accused persons namely Budharu, Hari and Toshi have been charge-sheeted before the Judicial Magistrate, First Class, Durg for the commission of the offences punishable under Sections 147, 323 and 342 of IPC
(3.) It is submitted that the learned JMFC granted bail to the applicant and other accused persons. They failed to appear on 7-6-2000 and non-bailable warrants were issued against them. All of them were arrested on 18-9-2002 and they were produced before the Court. The applicant and other accused persons filed bail application which came to be rejected by the JMFC. Thereafter they approached the Special Judge and the learned Special Judge, Durg granted bail to other accused persons namely Budharu, Hari and Toshi and rejected the application of the applicant on the ground that if he is released he may abscond.