NEERAJ PATHAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application filed by the applicant under Sec. 439(2) of Cr.P.C for cancellation of bail granted to the respondent No.2 vide order dtd. 29/8/2025 passed by the co-ordinate Bench of this Court in M.Cr.C. No. 34890/2025, whereby the respondent No.2 was granted bail in relation to Crime No.301/2025 registered at Police Station Devendra Nagar, District Panna (M.P.) for the offences punishable under Ss. 296, 115(2), 351(2), 3(5), 118(1) & 118(2) of BNS.

(2.) Learned counsel for the applicant submits that the respondent No.2 after release on bail in pursuance to the order dtd. 29/8/2025, committed another offence, for which FIR No.494/2025 for the offence punishable under Ss. 109(1), 331(6) of BNS has been registered with the Police Station Devendra Nagar, District Panna (M.P.) at the instance of the present applicant. It is submitted that respondent No.2 has inflicted five injuries to the complainant by knife blow, complainant has received stab wound and offence punishable under Ss. 109(1) and 331(6) of BNS has been registered against the respondent No.2. Therefore, respondent No.2 has violated the conditions of bail order dtd. 29/8/2025, therefore, bail granted to respondent No.2 deserves to be cancelled.

(3.) On the other, learned counsel for the respondent No.1/State submitted that the offence punishable under Ss. 109(1) and 331(6) of BNS has been registered vide Crime No.494/2025 and the matter is under investigation. However, he fairly admits that Special Investigation Team (SIT) has conducted investigation wherein it has been found that respondent No.2 is not responsible for causing of such injuries to the applicant.