Chiranjit vs State Of Madhya Pradesh

Anil Verma, J

This is the 3rd application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.216/2023 registered at Police Station Thandla, District Jhabua (M.P.) for the offence under Section 294, 323, 327 & 506 of IPC.

As per the prosecution story, complainant Jignesh lodged an FIR at P.S. Thandla by stating that on 31.3.2023 when he was going on his motorcycle bearing Registration No.MP45-MP-1133 towards Nagar Palika, at that time present applicant intercepted him and demanded his motorcycle. When he refused, then applicant demanded 50 Rupees for drinking wine. Complainant again refused to fulfill his demand, then applicant abused him in filthy language and beaten him by handle of spade, due to which he sustained injury over his face. Applicant also threatened him for life. Accordingly offence has been registered.

Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 31.3.2023. Applicant's earlier two bail applications have been dismissed as withdrawn. Victim did not turn up before the trial Court for deposition, despite service of summons and bailable warrant. FIR has been lodged against unknown person. Applicant is a permanent resident of District Jhabua. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection by submitting that 14 criminal antecedents have been found against the present applicant and he is a habitual offender, therefore, he does not deserve for bail.

Perused the case diary as well as the impugned order of the court below.

Considered all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also the fact that applicant's earlier bail application has been dismissed as withdrawn vide order dated 20.7.2023 with liberty to renew the prayer after examination of the victim, but victim is not examined before the trial Court and trial Court is doing sufficient efforts for calling him for deposition. Therefore, there is no material changes in the circumstances. The applicant is having 14 criminal antecedents.

In view of the above, this Court is not inclined to grant bail to the applicant. Accordingly this repeated bail application is hereby dismissed.

C.C. as per rules.