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Judgment
15 paragraphs · 299 wordsVishal Mishra, J
The applicant has filed this second application u/S.439 Cr.P.C. for grant of bail. The applicant has been arrested on 04.02.2021 by Police Station
Tigra, District Gwalior in connection with Crime No.76/2018 registered in relation to the offence punishable u/Ss. 147, 148, 149, 353, 307 of IPC and
further added Sections 396, 397, 224, 225 of IPC and Section 11, 13 of MPDVPK Act.
It is submitted by the counsel for the applicant that first bail application was dismissed as withdrawn by this Court vide order dated 18.02.2021 passed
in M.Cr.C.No.9108/2021. The investigation is pending in the matter. Test identification parade of the present applicant is yet to be conducted by the
authority. The applicant is in custody since 04.02.2021. The applicant is ready to abide by all the terms and conditions that may be imposed by this
court while considering the application for grant of bail. There is no possibility of his absconding or tampering with the prosecution case. Under these
circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Per contra, learned Govt. Advocate for the State has opposed the bail application stating that the investigation is pending in the matter. TIP of the
present applicant is yet to be conducted by the authority. The present case bearing at Crime No.76/2018 has been registered against the present
applicant in the year 2018. The present applicant has recently been arrested on 04.02.2021. He has prayed for rejection of this bail application.
Considering the overall facts and circumstances of the case and the investigation is pending in the matter and TIP of the present applicant is yet to be
conducted, this Court does not deem it appropriate to allow this application. Accordingly, the application is hereby rejected.
Certified copy as per rules.
