SHAILU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 13.10.2019 in connection with Crime Case No. 302/2019 registered at Police Station Sendhwa City District Barwani for the offence punishable under section 336 , 506 , 34 of IPC and u/S 25(1)(A),27 of Arms Act . His first application was dismissed as withdrawn by order dated 12.02.2020 passed in M.Cr.C. .No. 4188/2020.

(2.) As per prosecution story, applicant alongwith co-accused Pawan Koli, resident of Maharaj Gali, Devi Ahilya Marg, Sendwa came out with alleged fire-arm and fired in the air causing flutter and terror in the area, particularly to the brahmin family of the complainant, resident thereof with a threat of dire consequences, if they lodged report against them in future as in the past also they have filed a complaint against the applicant. Accordingly, the case has been registered against the applicant. Investigation is complete. Challan has been filed.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The investigation is complete and challan has been filed. The applicant is no more required for further custodial investigation. The applicant has a family consisting of old mother, father and sister. Due to his jail incarceration since 13.10.2019, the family is in distress socially and economically. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to b e enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.