RAJPAL Vs. STATE OF M. P.

JUDGEMENT

(1.) This second application under Section 439 of Cr.P.C. has been filed for grant of bail. Previous application was rejected by order dated 6.9.2021 passed in M.Cr.C. No. 42208/2021.

(2.) The applicant has been arrested on 01.06.2021 in connection with Crime No.136/2021 registered at Police Station Khaniyadana Distt. Shivpuri for offence under Section 392 of IPC and 11/13 of MPDVPK Act.

(3.) It is submitted by the counsel for the applicant that applicant is in jail from 1.6.2021 i.e. more than five months. Previous bail application was rejected by order dated 6.9.2021 passed in M.Cr.C. No. 42208/2021 only on the ground that applicant has criminal history and mobile as well as motorcycle of complainant were seized from the possession of the applicant. It is submitted that applicant is a young boy aged about 20 years and his long incarceration in jail will have adverse affect on his career and out of four criminal cases registered against him, three cases were registered on the very same day along with the present case. One offence was registered in the year 2020. All the co-accused persons have been granted bail. In view of recovery of the motorcycle as well as mobile phone of the complainant coupled with the fact that the applicant has criminal antecedents, he is ready and willing to abide by any stringent condition which may be imposed by this Court including that of furnishing cash surety. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.