MANMOHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This second application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dtd. 7/9/2022 passed in M.Cr.C.No.41497/2022.

(2.) The applicant has been arrested on 2/8/2022 in connection with Crime No.555/2021 registered at Police Station Inderganj, District Gwalior for offence under Ss. 323, 294, 506, 394, 34 of IPC and under Sec. 11/13 of MPDVPK Act.

(3.) It is submitted by the counsel for the applicant that according to the prosecution case, ice-cream vendor was assaulted as the co-accused was not ready to pay the entire consideration amount. It is submitted that the first bail application was dismissed with liberty to revive the prayer after undergoing the same period of detention which has been undergone by the co-accused Anand Singh Jadon who has been granted bail by order dtd. 21/7/2022 passed in M.Cr.C.No.31895/2022. It is submitted that Anand Singh Jadon was arrested on 28/4/2022 and was granted bail by order dtd. 21/7/2022 whereas the applicant has been arrested on 2/8/2022 and thus it is clear that he has undergone the similar period of detention which was undergone by the co-accused Anand Singh Jadon. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.