MOHAMMAD AZHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard through video conference. This is the fifth 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 23.4.2019 in connection with crime No.240/2019 registered at Police Station Neemuch Cant. District Neemuch for the offence punishable under sections 384 , 327 , 386 , 332 , 506 , 323 and 34 IPC. His first application was dismissed as withdrawn on 17/5/2019 in Mis. Cr. Case No.20588/2019. The second application was dismissed on merits on 05/07/2019 in Mis. Cr. Case No.25693/2019. The third and fourth applications were dismissed as withdrawn on 02/08/2019 in Mis. Cr. Case No.29741/2019 & on 20/11/2019 in Mis. Cr. Case No.42082/2019.

(2.) As per prosecution case, the applicant had introduced the complainant with the co-accused Ranjana Nagda who in turn had laid trap against the complainant with manipulated designs for illegal activities. Accordingly, case has been registered. 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 has no criminal antecedents except in a case under sections 279 and 337 IPC, he was imposed the punishment of fine. The applicant is not required for further custodial interrogation. The main accused, Ms. Ranjana Nagda has been enlarged on bail by this Court vide order dated 16/03/2020 passed in Mis. Cr. Case No.9489/2020. This Court has granted liberty to the applicant to revive the prayer after prosecution concludes evidence or after three months, whichever is earlier. The applicant is in jail incarceration since 23/04/2019 and the family is on the verge of starvation due to his jail incarceration. His further incarceration shall jeopardize life of the family members. Under such circumstances, in the light of the liberty granted by this Court (supra), the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper. Per contra, learned Panel Lawyer has opposed the application.