RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary.

(2.) This is second bail application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.703/2022 registered at Police Station Tejaji Nagar, District Indore (MP) for offence punishable under Ss. 341, 392, 120-B of IPC . Applicant is in jail since 2/11/2022. 2 . The first application No. M.Cr.C.No.23469/2023 was dismissed as withdrawn by this Court vide order dtd. 30/6/2023 with liberty to renew the prayer after the complainant is examined or after six months of incarceration, whichever is earlier.

(3.) Learned counsel for the applicant submits that the complainant Yogendra Thakur (PW-1) has already been examined and there are material omissions and contradictions in his statement. He has also not identified the present applicant. Counsel has for the applicant has submitted that co-accused Ajay has already been granted by bail by this Court vide order dtd. 20/10/2023 passed in MCRC.No.45743/2023. However, it is not denied that from the possession of applicant Rs.34,800.00 cash, tablet samsung, biometric machine, android mobile and documents of CENT Bank has been recovered. It is prayed that the applicant be released on bail.