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Judgment
Gurpal Singh Ahluwalia, J
This eight repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. The seventh application was temporarily allowed by order dated 04/07/2022 passed in MCRC No.31859/2022.
The applicant has been arrested on 01/12/2020 in connection with Crime No.840/2020 registered at Police Station Ambah, District Morena for offence under Section 365 of IPC and under Section 11/13 of MPDVPK Act.
This application has been filed mainly on the ground of period of custody and submitted that all the family members of the complainant have turned hostile and, therefore, his application for bail may be considered sympathetically.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that Santosh Sharma (P.W.1) and Ram Gyan Sharma (P.W.2) have supported the prosecution case and they have specifically stated that the applicant had kidnapped a minor boy in a car and while he was trying to run away, the car turn ups and down and the applicant was apprehended by the villagers on the spot itself.
Heard the learned counsel for the parties.
In view of the Section 436-A of Cr.P.C., the applicant has not undergone half of the maximum jail sentence provided for the offence for which he is facing trial. In view of the evidence of P.W.1 and P.W.2, this Court is of the considered opinion that no case is made out for taking a contrary view in the matter.
Accordingly, the application fails and is hereby dismissed.