KALIA ALIAS KRISHNA Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through Video Conferencing. The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 24-07-2018 by Police Station Bahadurpur, District Ashoknagar in connection with Crime No.220/2018 registered for offence punishable under Section 394 of IPC. His earlier bail applications were dismissed as withdrawn by this Court.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 24-07-2018 and more than two years and six months have passed since then. Looking to the period of custody and the source of implication centered around memo under Section 27 of the Evidence Act, case of applicant be considered for bail. Although applicant bears criminal record but looking to the period of custody, his case be considered for bail. He seeks parity with the order dated 16-12-2020 passed in M.Cr.C.No.37803/2020. Confinement amounts to pretrial detention. Applicant now learnt the lesson hard way and would mend his ways and become a better citizen and would not involve in any criminal activity. He further undertakes to cooperate in trial and shall not be a source of embarrassment and harassment to the complainant party in any manner. Thus, prayed for bail.

(3.) Counsel for the State opposed the prayer and prayed for dismissal of the bail application.