High CourtsSingle Bench

Gunjariya @ Aayta & Others vs State Of M.P.

Madhya Pradesh High Court · Decided on 1 October 2021 · Citation: (2021) 10 MP CK 0039

HON’BLE JUDGES
G.S. Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 294, 323, 342, 354, 355, 365, 367
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No.49221 Of 2021
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Judgment

8 paragraphs · 189 words

G.S. Ahluwalia, J

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 30.04.2021 passed in M.Cr.C. No.19513/2021 as withdrawn.

The applicants have been arrested on 16.02.2021 & 18.02.2021 in connection with Crime No.19/2021 registered at Police Station Sirsi Distt. Guna for offence under Sections 323, 294, 506, 34, 342, 365, 354, 355, 367 of IPC.

It is submitted by the counsel for the applicant, that two witnesses have been examined and they have not supported the prosecution case.

Per contra, the application is vehemently opposed by counsel for State. It is submitted that two more witnesses are yet to be examined. The prosecution has also relied upon the footage of the incident contained in compact disc.

In view of the fact that all the material witnesses have not been examined so far as well as the prosecution has also relied upon the video of incident, no case is made out for grant of bail.

At this stage, counsel for applicant seeks permission of this Court to withdraw this application.

It is, accordingly, dismissed as withdrawn.