KULDEEP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This fifth application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The fourth application was dismissed by order dtd. 22/6/2022 passed in M.Cr.C.No.24986/2022.

(2.) The applicant has been arrested on 2/11/2021 in connection with Crime No.447/2021 registered at Police Station Bhitarwar, District Gwalior for offence under Ss. 394, 506 of IPC, under Sec. 11/13 of MPDVPK Act and under Sec. 25, 27 of the Arms Act.

(3.) It is submitted by the counsel for the applicant that the complainant Akash, Rajkumar and Hari Singh have been examined and they have turned hostile qua the applicant. Even otherwise the allegations were that complainant was coming back from Deendayal Stadium after watching cricket match and when they reached near Parvati Bridge, they were way laid by the applicant and other co-accused Manoj Jatav and Shahid Khan. Shahid Khan took out the Adhiya and forcibly snatched an amount of Rs.9,200.00 whereas the applicant took away Rs.3,400.00 from the pocket of Hari Jatav. Shahid Khan also tried to snatch the purse of Rajkumar and when Rajkumar resisted, then he (Shahid Khan and applicant) snached the purse after slapping him, as a result, Rajkumar has sustained an abrasion on his neck. It is submitted that the applicant is in jail from 2/11/2021 i.e. approximately 11 months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.