Shivam Mishra vs The State Of Madhya Pradesh
2021 Latest Caselaw 2971 MP

                                        1                            MCRC-31818-2021
         The High Court Of Madhya Pradesh
                   MCRC-31818-2021
                    (SHIVAM MISHRA Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 05-07-2021
       Heard through Video Conferencing.

       Shri Harish Sharma, learned counsel, for the applicant.

       Smt. Uma Kushwah, learned PL for the respondent /State.

This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first application was dismissed as withdrawn vide order dated 9.4.2021 in M.Cr.C.No.18847 of 2021.

The applicant is arrested on 4.11.2020 by Police Station Chirula district Datia in connection with Crime No.125 of 2020 registered in relation to the offence punishable Sections 307, 336, 34 of IPC and 25 (1-B)A of the arms Act.

It is submitted by counsel for the applicant that allegation against the applicant is of firing gunshot which hit the injured. He placed reliance upon the judgment passed by Hon'ble Supreme Court in the case of Bhausaheb Nagu Dhavare Vs. State of Maharashtra reported in 2001 (3) Crimes 410. He is ready to abide with all the conditions which may be imposed by this court while considering his bail application. Looking to the custody period and also the Covid 19 Pandemic Scenario, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State has opposed the prayer stating that there are multiple gunshot injuries on the person of injured. In the medical report, three gunshot injuries are pointed out which are shown to be dangerous to life. The intention of the accused is clear as the applicant and other co-accused fired repeated gunshots by the fire arms which are clearly reflected from the statements of prosecution witnesses recorded under Section 161 of Cr.P.C also. He has prayed for rejection of this bail application.

Taking into consideration the over all facts and circumstances of the case and the fact that the applicant along with other-accused had repeatedly fired gun shots at the injured and also looking to the custody period of the applicant, this court does not deem it fit to allow this application for bail at this stage.

2 MCRC-31818-2021 This application is therefore, rejected.

Certified copy/ e-copy as per rules/directions.

(VISHAL MISHRA) JUDGE

Rks

RAM KUMAR SHARMA 2021.07.06 14:33:44 +05'30'

(VISHAL MISHRA) JUDGE

Rks