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Judgment
13 paragraphs · 249 wordsThis first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 20.03.2020 in connection with Crime No.64/2018 registered at Police Station Shamshabad District Vidisha for
offence under Sections 147, 148, 149, 307, 294, 324, 336, 506, 323 of IPC.
It is submitted by the Counsel for the applicant, that it is incorrect to say that the applicant was absconding. By referring to the judgment passed by the
Trial Court in S.T. No. 107/2018, it is submitted by the counsel for the applicant that the accused as well as complainant party are closely related to
each other. The offence was committed on 14.03.2018 and the applicant has been arrested on 20.03.2020. It is incorrect to say that the applicant was
absconding because the investigation was kept pending under Section 173(8) of Cr.P.C.
Per contra, it is submitted by the counsel for the State that since the applicant was absconding, therefore, the charge-sheet was filed by keeping the
investigation pending against the applicant. The allegations against the applicant are that he had caused injury by using of Farsa. The applicant could
be arrested with great difficulties on 20.03.2020.
Considering the submissions made by the counsel for the parties as well as considering the allegations, coupled with the fact that the applicant was
absconding for two years, this Court is of the considered opinion that it is not a fit case for grant of bail.
The application fails and is hereby rejected.