BALLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant bail application has been preferred under Sec. 439 of the Cr.P.C. for grant of the bail to the applicant. Applicant has been arrested on 22/3/2022 for offence registered vide Crime No.31/2022 at Police Station Chirula, District Datia for offence under Sec. 307, 323, 294, 34, 302, 147, 148, 149 of IPC and Ss. 25/27 of the Arms Act.

(2.) Learned counsel for applicant pressed for bail on the ground that material prosecution witness Banti@Sudama is not appearing for deposition before the trial court. At times, the said witness adopts the tactics of coming late before the trial court at post lunch session. Once he appeared before the trial court at 05.00 P.M.Therefore, through this tactic, he is trying to delay the trial.

(3.) Learned counsel for respondent/State opposed the prayer and submitted that Investigating Officer and prosecution shall ensure the presence of witness Banti@Sudama positively on next date of hearing in the morning session and endeavors shall be made to conclude the deposition of said witness as early as possible.