LAWS(MPH)-2021-1-81

VIJAY Vs. STATE OF M.P.

Decided On January 04, 2021
VIJAY Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Heard the case through Video Conferencing. Case-diary perused. This is the first and third bail application under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.242/2019 under Section 394 of IPC registered at Police Station Kalidevi, District-Jhabua respectively.

(2.) As per prosecution story, applicant alongwith other persons set to have been looted Narve Singh, Mukesh, Tinu on 27/10/2019 at Hatiyadelhi Ghanti in front of helipad.

(3.) It is submitted by the learned counsel for the applicant that three complainants namely; Narve Singh, Mukesh and Tinu were examined by the trial Court on 25/11/202 and 15/12/2020 respectively and they have been turned hostile and also they have denied any loot committed with them. It is argued that applicant is innocent and has falsely been implicated in the present case. He submitted that first bail application in M.Cr.C. No.50282/2020 was dismissed as withdrawn by this Court vide its order dated 28/07/2020 passed in M.Cr.C. No.9957/2020 and second bail application was dismissed as withdrawn vide order dated 23/10/2020 passed in M.Cr.C. No.37755/2020 with liberty to revive his prayer after recording of the statement of complainant/injured. The accused are in custody since 04/06/2020 and 15/11/2019 respectively. Trial is likely to take time, therefore, he prays for release of the applicant on bail.