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Judgment
Anand Pathak, J
The instant bail application has been preferred under Section 439 of the Cr.P.C. for grant of the bail to the applicant. Applicant has been arrested on 22.03.2022 for offence registered vide Crime No.31/2022 at Police Station Chirula, District Datia for offence under Section 307, 323, 294, 34, 302, 147, 148, 149 of IPC and Sections 25/27 of the Arms Act.
Learned counsel for applicant pressed for bail on the ground that material prosecution witness Banti@Sudama is not appearing for deposition before the trial court. At times, the said witness adopts the tactics of coming late before the trial court at post lunch session. Once he appeared before the trial court at 05.00 P.M..Therefore, through this tactic, he is trying to delay the trial.
Learned counsel for respondent/State opposed the prayer and submitted that Investigating Officer and prosecution shall ensure the presence of witness Banti@Sudama positively on next date of hearing in the morning session and endeavors shall be made to conclude the deposition of said witness as early as possible.
At this stage, learned counsel for applicant seeks withdrawal of this application.
Prayer noted.
6.However, it is made clear that prosecution witness Banti@Sudama shall have to remain present positively on next date of hearing at appropriate time in pre-lunch session so that his deposition can be carried out. Thereafter, applicant shall be at liberty to renew the prayer. However, if trial is delayed further on some dates,then also, applicant shall be at liberty to renew the prayer.
Accordingly, the instant application stands dismissed as withdrawn with liberty as aforesaid.