NARESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This third repeat application under Sec. 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed by order dtd. 17/01/2022 passed in MCRC No.52/2022.

(2.) The applicant has been arrested on 22/10/2021 in connection with Crime No.253/2021 registered at Police Station Picchore, District Gwalior for offence under Sec. 394 of IPC, Sec. 11/13 of the MPDVPK Act and Sec. 25/27 of the Arms Act.

(3.) It is submitted by the counsel for the applicant that according to the prosecution case, the applicant and co-accused persons had robbed the complainant and took away his motorcycle as well as an amount of Rs.1,550.00, one mobile of Intex company. It is submitted that the applicant was not put for Test Identification Parade. It is true that the motorcycle of the complainant was recovered from the possession of the applicant, but the applicant has no criminal history and he is in jail for the last four months. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.