DHEERAJ YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This third application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed by order dtd. 16/8/2022 passed in M.Cr.C. No.38719/2022.

(2.) The applicant has been arrested on 19/05/2022 in connection with Crime No.376/2021 registered at Police Station Lahar District Bhind for offence under Ss. 420 of IPC and Sec. 66 of I.T. Act.

(3.) It is submitted by counsel for applicant that the previous bail applications of applicant have been dismissed on merits by orders dtd. 1/7/2022 and 16/8/2022 passed in M.Cr.C. No.31896/2022 and M.Cr.C. Nos.38719/2022 respectively but the case of present applicant is identical to that of co-accused Rakesh Pal who was granted bail by order dtd. 7/2/2022 passed in M.Cr.C. No.6028/2022. It is submitted that co-accused Rakesh Pal was granted bail on furnishing cash surety of Rs.3,00,000.00 after remaining in jail custody for a period of 4 months and 24 days. It is true that applicant was absconding and the charge-sheet was filed in his absence but the applicant is in jail from 19/5/2022 and has also completed the similar period of detention which was undergone by the co-accused Rakesh Pal. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.