(1.) This is second application filed under section 439 Cr.P.C. Applicant Sadam Qureshi was arrested on 15.08.2019 in Crime No. 629/2019 registered at Police Station T.T. Nagar, District Bhopal for the offence punishable under Section 307 / 34 , 120-B of IPC and Section 25 / 27 of Arms Act.
(2.) The first bail application of the applicant has been dismissed for want of prosecution vide order dated 07.01.2020 passed in M.Cr.C. 45726/2019.
(3.) As per the prosecution case, on 26.06.2019 complainant Mili Kinnar lodged a report that at 7:45 am when he along with Devi Singh Kinnar and Kajal Bambaiya was going towards Jawahar Chowk side from Devi Kinnar ?s house by Amjad' ?s auto, on the way when his auto was passing in front of house no. IA/7 three boys came there on a bike and one of them fired at him due to which he sustained a gunshot injury in his left shoulder. These boys again tried to fire at him but the pistol did not fire. On that police registered Crime No. 629/2019 for the offence punishable under Sections 307 , 34 IPC and Section 25 / 27 of the Arms Act and investigated the matter. During the investigation, it was found that Kajal Bambaiya used to quarrel with Neetu Kinnar and Simmi Kinnar and also assaulted them. So co- accused Simmi Kinnar and Neetu Kinnar in connivance with applicant Saddam and co-accused Bharat Keswani made a plan to murder Mili Kinnar, Devi Singh Kinnar and Kajal Bambaiya and for that, they hired co-accused Pawan in Rs.10,000,00/-. Co-accused Pawan also included Rahul, Ajay Kanade, Deepak @ Nanka, Naveen and Dinesh in this plan. On 26.06.2019 co-accused Rahul, Deepak @ Nanka, Naveen @ Adarsh followed Mili Kinnar and Kajal Bambaiya and co-accused Naveen @ Adarsh fired at Kajal Bambaiya, but the bullet hit Mili Kinnar due to which he sustained an injury in his left shoulder.