BAL KRISHNA SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this third application under Section 439 of Cr.P.C for grant of bail after rejection of earlier ones. First bail application was dismissed as withdrawn vide order dated 19.02.2019 passed in M.Cr.C. No. 7361/2019 and second bail application which was on medical condition was dismissed on merit vide order dated 08.04.2019 passed in M.Cr.C. No. 12377/2019.

(2.) The applicant has been arrested on 21.09.2018 by Police Station Bilauva District Gwalior in connection with Crime No. 170/2018 registered in relation to the offence punishable under sections 312, 313, 376-B, 120-B, 201 of IPC.

(3.) It is the submission of learned counsel for the applicant that material prosecution witness-Pooja Sharma has been substantially examined and other witness/prosecutrix did not appear on last date of hearing before the trial Court despite issuance of summons. An affidavit of counsel Shri Arun Kumar Pateriya who is appearing on behalf of applicant has also been filed in which it is specifically mentioned that prosecutrix did not appear for cross-examination earlier. Confinement since 21.09.2018 amounts to pretrial detention. Since the material witness has been substantialy examined, therefore, chance of tempering with the evidence is remote. He is in confinement and looking to the age, he needs medical attention also. Earlier second bail application under Section 439 of Cr.P.C. was dismissed which was preferred on medical grounds, therefore, facts regarding medical condition of the applicant are apperently existing.