Husain @ Nahru vs State Of M.P

As declared by the petitioner, this is the third bail application under Section 439 of Cr.P.C.

First application was dismissed vide order dated 5.12.2018 passed in M.Cr.C. No.36629 of 2018 and the second application was dismissed vide order dated 9.8.2019 passed in M.Cr.C. No.32790 of 2019. On both occasions, the petitioner has withdrawn his applications.

Learned Counsel for the petitioner began with the submission that the petitioner is in jail since 21.6.2018 and has now completed about two and a quarter of years. The trial is at a halt due to Covid-19 for the past about six months and in the past more than two years only charges could have been framed. No material witness could have been examined by the Trial Court.

On merits, it is asserted that the allegation against the petitioner is that he wielded sword on the head of Rafiq, but no corresponding injury was detected. Only a laceration caused by hard and blunt object has been observed on the head of Rafiq. Due to a brawl between two families, the entire family of the petitioner has been impleaded in the case, but the petitioner could not get favour of the Court as he was having criminal record. Earlier 12 criminal cases have been registered against him, but out of them, in 10 cases he has been acquitted, therefore, on the ground of period of custody as well as on the merits, he may be granted bail.

Primary objection of the State was the antecedent of the petitioner. It is further submitted by the learned Panel Lawyer that apart from the criminal cases registered against the petitioner, on six occasions, prohibitory action had been taken against him and he was bounded over for maintaining peace and tranquility.

It is also pointed out that there is no clarity in the information supplied by the learned Counsel for the petitioner that the judgments supplied by the petitioner are related to the cases mentioned in the order dated 05.12.2018 passed in M.Cr.C. No.36629 of 2018.

In the last, it is contended that the petitioner has actively participated in the incident, therefore, he be not granted bail.

After hearing the parties and going through the information supplied by the learned Counsel regarding the antecedent, the petition is dismissed with liberty to file fresh petition with proper information of all cases mentioned in order dated 05.12.2018.