BHURA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in Sessions Trial No.2/2017 pending on the file of Special Judge (MPDVPK Act) Dabra, District Gwalior, which is registered against him at Police Station Dabra, District Gwalior for the offences punishable under Section 392 of IPC and Section 11/13 of MPDVPK Act.

(2.) It is alleged by the counsel for the applicant that he is in custody since 04.11.2019. She has drawn attention of this Court to the order sheets of the trial Court and has submitted that all the witnesses have turned hostile in the matter. It is further argued that the co-accused have already been acquitted by the learned trial court in Sessions Trial No.2/12 vide judgment of acquittal dated 21.01.2015. She has further relied upon the order passed by this Court in the case of Matre @ Brijesh Singh vs. State of M.P. and Ors. dated 15.11.2019 passed in M.Cr.C.47088/2019 whereby in similar circumstances the bail application of the co-accused was allowed. It is further submitted that the aspect of absconding by the accused and acquittal of the co-accused in the same offence has been considered by the Coordinate Bench of this Court in the case of Ujagar Singh Vs. State of M.P. reported in 2000 (1) MPWN 12 while considering the application under section 439 of Cr.P.C ., wherein it is held that although the applicant has absconded in the matter for a considerable period and should now being tried for the aforesaid offence but the fact remains that there is unchallenged legal judicial verdict regarding the acquittal of the other two co-accused persons. That judgment has become final on the factual aspects of the incident in question. Considering the aforesaid, the bail application was allowed.

(3.) He has further relied upon the order passed by Co-ordinate Bench of this Court in the case of Ramdas Vs. State of M.P. reported in (2007) 3 MPWN 16 and in the case of Iqbal Vs. State of Rajasthan reported in 2008 (1) CriLR 862, wherein under the similar circumstances the Court has considered and granted the benefit of bail. He has further brought to the notice of this Court the order passed by Co-ordinate Bench of this Court in M.Cr.C.15091/2019 (Smt. Ramraja Vs. State of M.P.) wherein the similar circumstances, the Court has allowed bail application under section 438 of Cr.P.C. and extended the anticipatory bail on 16-4-2019. It is a alleged that the applicant is in custody since