BALLI YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) . The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 6/9/2023 by Police Station-Pichhore, District Gwalior in connection with Crime No.44/2023 registered for offence punishable under Ss. 394 of IPC, Sec. 11/13 of MPDVPK Act and Sec. 25, 27 of Arms Act.

(2.) It is the submission of learned counsel for the applicant that applicant is suffering confinement since 6/9/2023 and charge-sheet has already been filed. Leaned counsel for the applicant refers the fact that in statement under Sec. 161 of Cr.P.C. of complainant namely Ramdhun, reference of four mask men who robbed the applicant is being referred but surprisingly in Test Identification Parade (TIP), same Ramdhun claims to have identified the present applicant. When the applicant was masked, as per version of complainant, then how he identified the applicant. Applicant bears criminal record of one case of minor denomination. Confinement since 6/9/2023 amounts to pretrial detention. Applicant undertakes to cooperate in trial. He would abide by all the terms and conditions as imposed by this Court. Under these grounds, he prayed for bail.

(3.) . Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this bail application.