ARSHAD KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is third application u/S. 439 Cr.P.C filed by the applicant for grant of bail. His first application was dismissed as withdrawn vide order dated 22.7.2019 in M.Cr.C.no.26916 of 2019 with liberty to file fresh application after filing of the charge sheet and second one was dismissed on merits vide order dated 21.8.2019 in M.Cr.C.no.34466 of 2019. He has been arrested on 19.6.2019 by Police Station Bahodapur, district Gwalior in connection with Crime No.402/2019 registered in relation to the offences punishable u/S.420, 406 and 120-B of IPC.

(2.) Learned counsel for the applicant submits that investigation in the matter is complete and the charge sheet has already been filed and there is no requirement of custodial interrogation of the applicant as all the accused are in custody. Allegation against the applicant is that he has actively participated in the commission of crime whereby, vehicle in question was destroyed. It is submitted that the applicant is a poor person and was working as an employee in the KABADI shop. He is permanent resident of district Gwalior and there is no chance of his absconding. On these grounds, he prayed for grant of bail to the applicant.

(3.) Learned Public Prosecutor for the State opposed the application stating that the applicant has actively participated in the crime and all these facts have been considered earlier while considering second application filed by the applicant, which was dismissed on merits. However, he does not dispute the aforesaid facts.