GABBAR Vs. STATE OF M.P

JUDGEMENT

(1.) The applicant has filed this fourth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 14.07.2019 by Police Station Girwai, District Gwalior in connection with Crime No.137/2019, registered for offence under Sections 376 , 294 , 506 , 34 of IPC. His earlier bail applications were dismissed on merits by this court.

(2.) It is the submission of learned counsel for the applicant that applicant is suffering confinement since 14.07.2019 whereas statement of prosecutrix before the court is over and she did not support the prosecution story and declared hostile. Confinement of applicant has been due to his criminal past as well as the fact that other co-accused persons namely Bheekam Kirar and Sanjay Kirar are at large and are still absconding but in their absconsion, applicant has no role to play and since the statement of prosecutrix is over, therefore, chance of tampering with material prosecution witnesses is also over. Because of the conduct of other co-accused namely Bheekam Kirar and Sanjay Kirar, his confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant/prosecutrix. He would not move in the vicinity of complainant party in any manner. But looking to the long period of custody, his case may be considered for bail. He further undertakes to perform community service and to serve the national cause by making contribution in Army Central Welfare Fund and to install Arogya Setu App. Under these grounds, prayer for bail has been made.

(3.) Learned Additional Advocate General for the State opposed the prayer and informed this court that proceedings under Sections 82 and 83 of Cr.P.C. have been initiated against the co- accused persons namely Bheekam Kirar and Sanjay Kirar and they shall be arrested. Therefore, application may not be allowed.