KANHAIYA JATAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This eighth application under Sec. 439 Cr.P.C. has been filed for grant of bail. Seventh application was dismissed as withdrawn by order dtd. 25/7/2022 passed in M.Cr.C. No.35641/2022.

(2.) The applicant has been arrested on 19/1/2021 in connection with Crime No.143/2020 registered at Police Station Sirsod District Shivpuri for offence under Ss. 307, 341, 195, 120-B, 34 of IPC and Sec. 25/27 of Arms Act.

(3.) It is submitted by the counsel for the petitioner that according to the prosecution case, the applicant and co-accused Sanjay Kushwah hatched a conspiracy to falsely implicate the innocent persons and in furtherance of that conspiracy, the applicant had fired at Sanjay Kushwah causing superficial injury and lodged a false report against innocent persons. It is submitted that although eyewitness Sanjay Rawat (PW-2) has deposed against the applicant, but the applicant is in jail from 19/1/2021, i.e., more than one and half years. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.