HARIMOHAN RAWAT 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 for want of prosecution by order dtd. 16/03/2022 passed in MCRC No.11928/2022.

(2.) The applicant has been arrested on 10/12/2021 in connection with Crime No.59/2021 registered at Police Station Panihar, District Gwalior 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 the first bail application was dismissed by order dtd. 14/01/2022 passed in MCRC No.1947/2022 on the statement made by the counsel for the State that the Test Identification Parade is going to be held on 16/01/2021 and the second bail application of the applicant was dismissed for want of prosecution by order dtd. 16/03/2022 passed in MCRC No.11928/2022. It is submitted that it is true that the applicant has been identified in the TIP and some of looted articles have also been seized from his possession but the Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.