(1.) This second repeat application under Sec. 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed by order dtd. 14/12/2021 passed in MCRC No.61198/2021.
(2.) The applicant has been arrested on 08/09/2021 in connection with Crime No.457/2021 registered at Police Station Karera, District Shivpuri for offence under Sec. 392 of IPC and Sec. 11/13 of the MPDVPK Act.
(3.) It is submitted by the counsel for the applicant that according to the prosecution case, the complainant was returning back by walking and was talking on his mobile phone. Two unknown persons came on a motorcycle and snatched his mobile. It is submitted that although, the applicant has been identified in the TIP and looted mobile of the complainant has also been seized from the possession of the applicant, but he is in jail from 08/09/2021 i.e. more than 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. It is further submitted that in the wake of on going Covid-19 pandemic his bail may be considered sympathetically.