Shiv Singh Adiwashi vs The State Of Madhya Pradesh
2021 Latest Caselaw 4689 MP

                                    1                           MCRC-39715-2021
          The High Court Of Madhya Pradesh
                    MCRC-39715-2021
                (SHIV SINGH ADIWASHI Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 25-08-2021
       Heard through Video Conferencing.

       Shri Arshad Ali, learned counsel for the applicant.
       Smt. Abha Mishra, learned Public Prosecutor for the respondent-State.

This is second application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 29/6/2021 in connection with Crime

No.96/2021 registered at Police Station Satanbada, District Shivpuri for offence under Sections 294, 324 and 506 of IPC and later added Section 326 of IPC.

It is submitted by learned counsel for applicant Shiv Singh Adiwashi that this is second bail application of the applicant. First application was dismissed on merits by order dated 26/7/2021 passed in MCRC No.35560/2021. Now, changed circumstance is the further custody period suffered by the applicant. Allegation against the present applicant is of biting on the little finger of the victim. Now, investigation is complete and charge-

sheet has been filed. Trial will take long time to conclude. In support of his submissions, learned counsel for the applicant relied upon the judgment passed by the [Madras High Court in the case of Mahalakshi vs. State of Tamilnadu & Ors., (Criminal Revision Petition No.771 of 2006, Date of order 14/7/2011)]. Hence, prayed for grant of bail to the applicant.

Per contra, learned counsel for the State opposed the bail application and has submitted that there is no changed circumstance under which this second bail application of the applicant can be considered. Hence, prayed to reject the bail application.

Heard learned counsel for the rival parties and perused the materials available on record.

Earlier bail application of the applicant was rejected on merits on 26/7/2021 and there is no changed circumstance under which present bail 2 MCRC-39715-2021 application can be considered. Hence, the bail application is rejected.

A copy of this order be sent to the trial Court concerned for information.

  ALOK KUMAR                            (RAJEEV KUMAR SHRIVASTAVA)
  2021.08.26                                       JUDGE
  11:08:42
  +05'30'
  11.0.8
AKS