BRAJENDRA SINGH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri Abhishek Singh Bhadoriya, counsel for the complainant. This is second application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 10.10.2017 in connection with Crime No.73/2017 registered at Police Station Deepar, District-Datia for the offence punishable under Sections 147, 148, 149, 294, 307, 336, 302 of IPC. His first bail application was dismissed as withdrawn vide order dated 16.08.2018 passed in MCRC No.28236/2018.

(2.) It is the submission of learned counsel for the applicant that the case is of over implication. In the FIR and statement recorded under Section 161 of Cr.P.C., name of applicant was referred as one of the co-accused. Later on, in examination-in-chief of eyewitnesses, name of applicant does not find place. His presence was not described by the witnesses on the spot, rather the witnesses categorically exonerated the applicant from the spot. Besides that, all eyewitnesses have deposed on oath by way of examination-in-chief and their cross-examination is going on. Once the examination-in-chief of all witnesses has been completed then chance of tampering with evidence / witnesses is remote. The applicant is suffering confinement since 10.10.2017 more than two years and confinement since 10.10.2017 amounts to pretrial detention. He undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required and would not be a source of embarrassment or harassment to the complainant party in any manner and would not move in the vicinity of complainant party and would not try to contact them. He prayed for grant of bail. He also expressed his desire to do some community service.

(3.) Learned Public Prosecutor for the respondent/State opposed the prayer and submits that looking to the injuries sustained by the victim, bail application be dismissed.