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Judgment
6 paragraphs · 281 wordsB. K. Shrivastava, J
Heard on application filed under Section 439 of Cr.P.C. filed on 30.05.2020 for grant of bail on behalf of applicant Jagdish Joshi, who is confined in custody since 03.10.2019 in connection with the Crime No. 637/2019 registered at Police Station, Gorakhpur, District Jabalpur for the offences punishable under Section 420/34 of I.P.C.
This is the third application on behalf of the applicant. The first application was dismissed as withdrawn on 20.11.2019. The liberty was granted to file fresh application after filing the challan. Thereafter, second application was dismissed on merits on 20.01.2020.
It is submitted by applicant's counsel that looking to the custody period, the applicant should be enlarged on bail.
On the other side, the State and objector Advocate both opposed the application. It is submitted by the counsel for objector that other two accused are absconded. Challan has been filed against the present applicant by showing other two accused as absconded accused. The looted ornaments were not recovered because the absconded accused having the aforesaid ornaments.
The merits of the case was considered on 20.1.2020. CCTV footage are available in which the applicant clearly shown. It is also argued by the counsel for the objector that when the police reached to arrest the present applicant, at that time they obstructed and also thrown the stone upon the police force. The statement of S.P. also supported the aforesaid allegations. Therefore, after taking into consideration, the aforesaid entire evidence and the arguments advanced by both the parties, there is no any ground is found for taking a different view. The merits was considered on 20.01.2020, no any chance circumstances is found. Therefore, the present application is dismissed.