PANKAJ KUSHWAHA 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 dismissed by order dated 26.10.2021 passed in M.Cr.C. No. 49894/2021.

(2.) The applicant has been arrested on 25.09.2021 in connection with Crime No.268/2021 registered at Police Station Girwai Distt. Gwalior for offence under Sections 457, 380 of IPC.

(3.) It is submitted by the counsel for the applicant that first application was rejected by order dated 26.10.2021 passed in M.Cr.C. No. 49894/2021 with liberty to revive the prayer after undergoing some reasonable period of detention. It is submitted by the Counsel for the applicant that according to the prosecution case, the applicant is alleged to have looted the mobile from the complainant which is recovered from his possession, but the applicant is aged about 26 years and has no criminal antecedents. He is in jail for one and half months. His long incarceration may bring him to the company of the hard core criminals which may not be conducive for the future of the applicant because the applicant wants to improve himself and to become a good citizen. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.