Vicky Khan Alias Mustkeen Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8159 MP

                                  1                            MCRC-41767-2021
        The High Court Of Madhya Pradesh
                MCRC No. 41767 of 2021
         (VICKY KHAN ALIAS MUSTKEEN KHAN Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 03-12-2021
      Shri Sankalp Kochar, Advocate for the applicant.

      Shri Manoj Kushwaha, Panel Lawyer for the respondent / State.

Heard.

This is the SECOND bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail who has been arrested on

22.7.2019 in connection with Crime No.878/19 registered by Police Station - Kolgawan, District Satna (MP) for the offence under Sections 394, 307, 353, 332, 294, 506/34 of IPC.

Earlier bail application bearing M. Cr. C. No. 39695/2020 was dismissed on merit by this court vide order dated 4-5-2021.

Learned counsel for the applicant submits that arising out of the same cause of action, three different criminal cases have been registered against the applicant and other accused persons which is against the fundamental rights and further submits that the officer in charge of the police station comes

across any further information pertaining to the same incident, he can make further investigation, normally with the leave of the court and forward the further evidence, if any collected, with further report or reports under Section 173 (8) of Cr.P.C. In support of his contention, relying upon the judgments of Hon'ble the Supreme Court in the cases of Arnab Ranjan Goswami vs. Union of India and others (2020) 14 SCC 12 and T. T. Antony vs. State of Kerala and others (2001) 6 SCC 181, prayed that the applicant be released on bail.

Learned counsel for the respondent / State strongly opposed the bail application and stated that after considering each and every aspect of the matter, earlier application of the applicant was dismissed on merit vide order dated 4.5.2021 and apart from it, there is no change in the circumstances to take a different view and prayed that the application be dismissed.

2 MCRC-41767-2021 Having considered the contentions of learned counsel for the parties and on perusal of the record, in this case only change of circumstances is that the investigation is over and the charge sheet has been filed. Except it, there is no other substantial change in the case to take a different view as taken earlier. Hence, only on the aforesaid reason, the application deserves to be

dismissed.

So far as the case laws on which reliance have been placed are concerned, they are not applicable in the present case. It is axiomatic from the documents as well as the case diary that prima facie there is sufficient evidence against the applicant connecting him with the alleged offence. The police officials is mainly entrusted with the duty of maintenance of law and order carrying reasonable investigation, prevention and detection of crimes. The applicant not only looted riffle from the police constable but also committed melee with the police officials and also said expletive against their dignity. In the incident, the applicant and his companion caused the injuries to the police personnel who individually lodged report.

Further, long criminal history is legging behind the applicant which enlightens the conduct and character of the applicant.

Under these circumstances, this Second bail application is hereby Dismissed.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

JP

Signature Not Verified SAN

Digitally signed by JITENDRA KUMAR PAROUHA Date: 2021.12.04 15:53:22 IST