CHOTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Matter is heard finally.

(2.) The applicant has filed this Third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 24/11/2021 by Police Station Mungawali, District-Ashoknagar in connection with Crime No. 317/2021 registered for offence punishable under Ss. 323, 294, 324, 506 and 34 of IPC, added Ss. 325 and 326 of IPC. His earlier applications were dismissed as withdrawn on 20/12/2021 and 03/01/2022.

(3.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 24/11/2021 whereas material prosecution witnesses Rajkumar (PW-1) and Pawan (PW-2) have been examined, therefore, chance of tampering with the evidence/witnesses is remote. It is further submitted that the medical report indicates that fracture is sustained by the victim Rajkumar over his leg (fibula bone) and apparently, it has not been caused by the appellant prima facie. Therefore, considering the period of custody, which is more than six months and delay in trial, his case be considered for bail. Learned counsel referred that applicant has criminal antecedents of three cases, out of which, in one case acquittal has been recorded in his favour and two cases are of minor nature. He further undertakes that he will not interfere in the working/ procedure of the revenue authorities/ police authorities and if in future Patwari visits in the vicinity regarding some measurement then he shall not be the cause of any obstruction. He shall cooperate in the trial in case, bail is granted to him.