ROHIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is fourth application under Sec. 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.640/2019 registered at Police Station - MIG, District Indore under Sec. 327,324,294,506,34 and 329 of IPC and Sec. 25 of the Arms Act.

(2.) The first bail application of the applicant was dismissed vide order dtd. 16/3/2020 in MCRC.No.10607/2020, the second temporary bail application was allowed vide order dtd. 14/8/2020 in MCRC.No.26669/2020 and the order dated bail application of the applicant was dismissed vide 21/12/2021 in MCRC.No.51476/2021.

(3.) Counsel for the applicant submits that the applicant is in custody for almost four years and the trial has not yet been concluded. The complainant is not turning up and only one eye witnesses has been examined and he has not supported the prosecution case. The applicant is HIV Positive and his health is deteriorating day by day. Hence, the applicant may be enlarged on bail.