GIRAJ SINGH Vs. STATE OF MP

JUDGEMENT

(1.) THE first bail application has been filed under section 439 of CrPC for grant of bail. The applicant has been arrested on 3.4.2012 by Police Station Noorabad, District Morena in connection with Crime No.47/2012 registered in relation to the offences punishable under sections 147,148,149 and 302 of IPC and sections 25/27 of Arms Act.

(2.) LEARNED Government Advocate for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

(3.) THE sole ground raised herein is prejudice on account of delayed trial. The applicant is said to be in custody since date of arrest and only 10 out of 28 prosecution witnesses have been examined and the last prosecution witness was examined on 2.8.2013 whereafter no other prosecution witness has been examined and trial is getting adjourned for the reasons not attributed to the applicant. Learned counsel for the applicant contends that similarly placed coaccused Barelal and Sarnam have since been enlarged on bail vide orders dated 9.2.2015 and 11.3.2015 passed in Miscellaneous Criminal Cases No. 11170/2014 and 1962/2015 respectively.