- (1.)HEARD .
(2.)THIS is first bail application under S. 439, CrPC by the applicant, who has been arrested and is injudicial custody in connection with Crime No. 111/01 registered at Police Station Daboh, District Bhind, for offences punishable under sections 365 and 364A of IPC and sections 11 and 13 of the MPDVPK Act, 1981.
It is submitted by the learned counsel for the applicant that against the other co-accused persons, namely, Harikesh, Brijkishore, Ramkishore and Rajkumar, challan has been filed before the trial Court and in the Court statement the abductees Gabbar Singh, Rajesh and Ramswaroop have not stated anything against them and they turned hostile, therefore, the trial Court vide judgment dated 10.2.2003 acquitted them. The applicant was arrested only on 26.4.2007 and thereafter subsequently the challan has been filed and in view of the decision in Special Sessions Trial No. 19/02, the applicant is also entitled for grant of bail. In support of the said contention, he placed reliance of the decision passed by this Court in the case of Ujagar Singh v. State of M.P. [2000 (1) MPWN 12] in which it has been held that if the other accused tried and acquitted and acquittal becomes final, then rest of the accused are entitled for grant of bail. It is further submitted that no appeal has been filed by the State Government against the judgment dated 10.2.2003 passed in Special ST No. 19/02, and in view of the decision of this Court in the case of Siromani Singh v. State of M.P. [2001 (II) MPWN 25] on the same set of evidence, which was recorded in Special ST No. 19/02, the applicant deserves to be released on bail because in the case of the applicant also, the same witnesses would depose and considering the above fact, the present applicant is also entitled for grant of bail.

(3.)THE learned public prosecutor, on the other hand, has opposed the application and submitted that all the three abductees in their police statements very specifically made allegations regarding involvement of the applicant in the said kidnapping and, therefore, the applicant is deeply involved in the alleged offence and he is not entitled for grant of bail.