KALLA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this fourth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 8/7/2020 by Police Station Devgarh, District Morena in connection with Crime No.74/2020 registered for offence punishable under Ss. 302, 323, 294, 506, 34 of IPC. His earlier bail applications were dismissed as withdrawn.

(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 8/7/2020 and material prosecution witnesses including injured witness have been examined, therefore, chance of tampering with the evidence/witnesses is remote. Applicant does not bear any criminal record. Looking to the period of custody and the fact that material prosecution witnesses have been examined, his case be considered for bail. Confinement amounts to pretrial detention. He further undertakes not to be source of embarrassment and harassment to the complainant party in any manner and would not move in the vicinity of complainant party and would cooperate in trial. Counsel seeks parity vis-a-vis order dtd. 11/2/2022 passed in MCRC No.6250/2022 of co-accused namely Jardan Singh. Further applicant voluntarily intends to serve the National/Environmental/Social cause to purge his misdeed if any, in case bail is granted.

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