HIRDESH SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the applicant's fourth bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.80/2019 registered at Police Station Heera Nagar, Indore District Indore (MP) for offence punishable under Sections 364-A and 120-B read with Section 34 of the Indian Penal Code, 1860. His first bail application Miscellaneous Criminal Case No.26253/2019 was dismissed on merits by this Court on 24.07.2019 whereas second bail application Miscellaneous Criminal Case No.17429/2020 was dismissed as withdrawn on 11.06.2020 with liberty to file fresh application along with Court statement the witnesses examined before the trial Court and third bail application, Miscellaneous Criminal Case No.20960/2020 was dismissed as withdrawn on 13.07.2020.

(2.) The applicant is arrested in connection with the aforesaid offence whereby a boy aged seven years was kidnapped for ransom.

(3.) Learned Senior Counsel for the applicant Shri P.K. Saxena has vehemently argued before this Court that the victim himself has not supported the case of the prosecution and has clearly deposed in his cross-examination that he has identified the accused persons as he was directed by the Police uncle and earlier also, he had deposed as per the dictates of the Police uncle, as he is afraid of Police.