BETU Vs. STATE OF M.P.

JUDGEMENT

(1.) 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 taken up for hearing through video conferencing to maintain social distancing.

(2.) This is second bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail. Applicant has been arrested on 22.07.2020 by Police Station Badoni, District Datia (M.P.) in connection with Crime No.180/2020 registered in relation to the offence punishable u/Ss.399, 400 and 402 of IPC and Sec. 11/13 of M.P.D.V.P.K. Act and Sec. 25(1) of Arms Act.

(3.) It is submitted by learned counsel for the appellant that earlier bail application being M.Cr,C No. 29035/2020 was allowed by this Court on 24.08.2020, but owing to the fact that the statement was made that all the prosecution witnesses have turned hostile in the matter and subject to verification to the aforesaid aspect the bail was allowed. The trial Court on verification has found that all the prosecution witnesses have not turned hostile in the matter, thereafter, a petition under Section 482 of Cr.P.C has been filed being M.Cr.C No. 32782/2020 which was dismissed vide order dated 07.09.2020 alleging that due to mistake the verdict that all prosecution witnesses have turned hostile in the matter has been mentioned in the order dated 24.08.2020 in M.Cr.C No.29035/2020, but the fact remains all the eye witnesses have turned hostile in the matter. The petition under Section 482 of Cr.P.C. has been rejected by this Court by making an observation that the specific statement was made by the counsel for the applicant that all the prosecution witnesses have turned hostile in the matter, therefore, there was no occasion to file 482 petition. It is submitted that in similar circumstances this Court has already enlarged the bail to another co- accused persons. Copies of the orders are filed along with the bail application. It is further submitted that as far as criminal history is concerned the applicant is having criminal history of seven cases including the present case, out of which he has been acquitted in five criminal cases which have been verified by the learned trial Court in pursuance to earlier directions given by this Court in earlier round of litigation in M.Cr.C No. 29035/2020. Applicant has shown his willingness to contribute the same amount i.e. Rs. 10,000/- as has been donated by co-accused Dilip @ Nanhe in M.Cr.C No. 29839/2020 during this COVID-19 scenario. He submits that the similar treatment be given to the present applicant.