JUDGEMENT
RAJEEV KUMAR SHRIVASTAVA,J. -
(1.)This is first application under Sec. 439 of CrPC for grant of bail. The applicant
has been arrested on 17/6/2021 in connection with Crime No.05/2020 registered
at Police Station Sumavali, District Morena for offence under Ss. 384,
336, 395, 212, 216, 450 and 398 of IPC, Sec. 11/13 of MPDVPK Act and Sec. 25/27 of Arms Act.
(2.)It is submitted by learned counsel for applicant Balishtar @ Balkatar Gurjar that
the applicant has been falsely implicated. He has not committed any offence. He
is in custody since last almost eight months. Now, investigation is complete
and charge-sheet has been filed. There is no requirement of further custodial
interrogation of the present applicant. Trial will take long time to conclude.
It is further submitted that co-accused Karua @ Ramraj Gurjar has already been
granted bail by this Court by order dtd. 23/2/2021 passed in MCRC No.8638/2021
and case of the present applicant is also on the same footings. Hence, prayed
for grant of bail to the applicant.
(3.)Per contra, learned State counsel opposed the bail application and has submitted
that case of the present applicant is not on the same footings as of co-accused
Karua @ Ramraj Gurjar as present applicant was a member of a dacoit group Gudda
Gurjar and he himself has admitted the said fact. Hence, prayed to reject the
bail application.
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