VICKY @ VIKAS GARG Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 31/10/2019 by Police Station Rampurkala Distt. Morena (M.P.) in connection with Crime No.89/2019 registered for offence under Sections 302 , 120B and 34 of IPC.

(2.) It is submitted by learned counsel for the applicant that the applicant has filed this second bail application under Section 439 of Cr.P.C. for grant of bail. Earlier application was rejected by this Court vide order dated 21.01.2020 passed in M.Cr.C. No.52393/2019 and liberty was granted to file fresh application after recording of important prosecution witnesses. It is further submitted that after rejection of previous bail application, 9 prosecution witnesses have been examined before the trial Court, out of them, 7 witnesses who are main witnesses have not supported the prosecution case and remaining 2 witnesses are Government servants, one is Doctor and another is Police constable. Applicant is ready to abide by any stringent condition which may be imposed by this Court. Hence, prays \ for grant of bail looking to the evidence of aforesaid independent witnesses. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

(3.) Learned State counsel opposed the prayer and has submitted that though only 9 prosecution witnesses have been examined till date but total number of prosecution witnesses is 25 as per list. It is further submitted that offence is registered under Section 302 , 120B , 34 of IPC and earlier application was rejected on merits. Hence, prayed to reject the bail application of the applicant.