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Judgment
15 paragraphs · 282 wordsG.S.Ahluwalia, J
This eighth repeat application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 02/08/2017 in connection with Crime No.192/2017, registered at Police Station Umari, District Bhind for offence
under Sections 302, 307, 323, 324, 294, 506 and 34 of IPC.
This repeat application has been filed on the ground of delay in trial. The applicant has not filed the copy of the complete order-sheets of the Trial
Court to indicate that the applicant is not responsible for the delay. However, from the order dated 24/02/2020 passed in MCRC No.7728/2020, this
Court after considering the order-sheets of the present case as well as order-sheets of the cross case have specifically come to a conclusion that the
accused persons, who are witnesses in the cross case are not appearing in the cross case and the witnesses of the present case who are accused
persons in cross case are not appearing in this case. After considering the conduct of the parties, it was specifically observed as under:-
 “Thus, in the considered opinion of this Court, there is a deliberate attempt on the part of the parties to delay the trial.â€
In the teeth of the above mentioned observation, the ground for grant of bail on delay does not survive.
As per the prosecution case, the applicant is alleged to have assaulted on the head of Umed Singh by means of Farsa who ultimately scummed to the
injuries.
Looking to the conduct of the parties, this Court is of the considered opinion that it is not a fit case for grant of bail to the applicant.
Accordingly, the application fails and is hereby dismissed.