RAMKESH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This third application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed by order dtd. 7/7/2022 passed in M.Cr.C.No.30833/2022.

(2.) The applicant has been arrested on 9/2/2022 in connection with Crime No.7/2020 registered at Police Station Bamhari, District Shivpuri for offence under Ss. 327, 294, 323, 147, 148, 149, 395 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 according to the prosecution case, on 3/10/2020 when the complainant along with others were going on a Jeep to Shivpuri, they were stopped by some unknown persons and they abused and scolded that since they are operating mines, therefore, they must give money for purchasing liquor. The complainant and other persons ran towards the forest area in order to save their lives. The second bail application was rejected on a statement made by the State Counsel that in the Test Identification Parade the applicant was duly identified but in fact it appears that there was some misconception of fact. On 18/4/2022, the Test Identification Parade was conducted and the tick mark was made in the column meant for wrong and in the remark also it is mentioned that the applicant was not correctly identified. Thus, it is clear that the applicant was not identified in the Test Identification Parade on 18/4/2022. The applicant is in jail for the last more than six months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.