BHURA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This second application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dtd. 17/6/2022 passed in M.Cr.C.No.26193/2022.

(2.) The applicant has been arrested on 16/4/2022 in connection with Crime No.310/2022 registered at Police Station Civil Lines, District Morena for offence under Ss. 395, 307, 452, 323, 294, 147, 148, 149, 435, 427 of IPC and under Sec. 11/13 of MPDVPK Act.

(3.) This repeat application has been filed on the ground of period of detention. It is submitted that the first bail application was dismissed on merits by order dtd. 17/6/2022 passed in M.Cr.C.No.26193/2022 but he is in jail for the last more than four months. The investigation is complete and charge sheet has been filed. It appears that a mob had ransacked the vehicles as well as newly constructed house of the complainant. However, there is no allegation that any serious injury was caused to any victim. The allegation of causing injury on the head of Musharraf Ali is against the applicant by handle of a gun. However, no fracture of skull bone was found. There is no allegation of firing gunshot by the applicant whereas it is alleged that Rahul and Sonu Sikarwar had fired gunshots. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that this Court by order dtd. 25/8/2022 passed in M.Cr.C.No.39530/2022 has granted bail to co-accused Ram Akhtyar on certain conditions and the applicant is willing to get released on the same terms and conditions.