BHURA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This fourth application under Sec. 439 of Cr.P.C. has been filed for grant of bail.

(2.) The applicant has been arrested on 2/5/2022 in connection with Crime No.325/2021 registered by Police Station Tyonda, District Vidisha for offence punishable under Ss. 307, 323, 324, 147, 148, 149, 294, 506 of IPC.

(3.) It is submitted by the counsel for the applicant that second bail application of the applicant was dismissed by order dtd. 27/7/2022 passed in M.Cr.C. No.36057/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. It is submitted that it is true that the applicant was absconding and could be arrested only after five years of the incident, but submitted that the applicant is in jail from 2/5/2022. A free fight took place all of a sudden on the question of passage. Offence has been registered against both the parties. 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 the applicant has already spent more than six months in pre-trial incarceration and some of the similarly situated persons have already been granted bail by this Court.