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Judgment
8 paragraphs · 202 wordsGurpal Singh Ahluwalia, J
Case diary is available.
This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed as withdrawn by order dated 11.6.2021 passed in M.Cr.C.No.27521/2021.
The applicant has been arrested on 26.11.2019 in connection with Crime No.26/2016 registered at Police Station Shamshabad, District Vidisha for offence under Sections 307, 302, 34 of IPC.
It is fairly conceded by the counsel for the applicant that the applicant was absconding for three years and could be arrested only on 26.11.2019. The trial is going on and the witnesses are being examined and some of the witnesses have turned hostile. It is also fairly conceded that the prosecution case is also based on dying declaration of the deceased and it is yet to be decided as to whether the dying declaration as well as oral dying declaration are reliable or not.
Per contra, the application is vehemently opposed by the counsel for the respondent/State.
Considering the conduct of the applicant coupled with the fact that the witnesses are being examined in the trial, no case is made out for taking a contrary view in the matter.
The application fails and is hereby dismissed.