- (1.)Heard finally through Video Conferencing. Case diary is available. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
(2.)The applicant has been arrested on 06/02/2020 in connection with Crime No.79/2020 registered at Police Station Joura, Distt. Morena for offence under Sections 458 , 307 , 323 , 294 , 324 , 147 , 148 , 149 , 397 , 398 , 450 of IPC, Section 11/13 of MPDVPK Act and Section 25 / 27 of Arms Act.
(3.)It is submitted by the learned Senior Counsel for the applicant that a female member of the applicant's family had eloped with one male member of the family of the accused party. The applicant and others had received an information that female member of the family of the applicant is staying in the house of the complainant. It is alleged that on this information, a search was carried out by the applicant and the co-accused and it appears that during the said search, some dispute arose between the parties. It is further submitted by the learned Senior Counsel for the applicant that the allegation against the applicant is that he had fired two gunshots which did not cause any injury to any of the inmates. However, no gunshot marks were found on any wall of the house which belies the allegation of firing the gunshots. The applicant is jail from 06/02/2020 and the Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution witnesses. It is further submitted that the co-accused Banti Singh has been granted bail by this Court by order dated 09/06/2020 passed in MCRC No.14860/2020.