Faijan Khan vs The New India Assurance
2022 Latest Caselaw 181 MP

1 MCRC-60124-2021 The High Court Of Madhya Pradesh MCRC No. 60124 of 2021 (FAIJAN KHAN Vs THE NEW INDIA ASSURANCE)

Jabalpur, Dated : 04-01-2022 Shri Ankit Saxena, counsel for the applicant.

Shri Sheshmani Mishra, Panel Lawyer for the State. This is second bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant who is in custody since 25.02.2021 in connection with Crime No. 32/2021 registered at Police Station Tilajamalpura, District Bhopal (MP) for offence punishable under Sections 307 and 34 of the Indian Penal Code. The

previous application was dismissed on merits vide order dated 14.09.2021 passed in M.Cr.C. No. 32483/2021.

As per the case of the prosecution, on 24.02.2021 applicant and co-accused Nadeem stopped the complainant and demanded money to purchase liquor. When the complainant refused to give any money, they assaulted and stabbed him with a knife. Thereafter, they fled away from the spot.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. The allegation of stabbing the complainant with a knife is against the co-accused. It is further submitted that some witnesses examined before the trial Court have not supported the case of the prosecution. Hence, prayer is made

to release the applicant on bail. Reliance has also been placed on the judgment rendered by the Supreme Court in case of Prabhakar Tewari vs. State of Uttar Pradesh & Anr., (2020) 11 SCC 648.

Learned Panel Lawyer for the State has opposed the bail application. Although, some witnesses have turned hostile, however, the trial is in continuance and the totality of the evidence cannot be evaluated at this stage. Looking to the gravity of offence, at this stage, I am not inclined to release the applicant on bail.

Accordingly, this M.Cr.C. stands dismissed.

(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2022.01.05 16:01:57 +05'30'