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Judgment
Heard on this second application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.
The applicant is in jail since 26.03.2019 in connection with Crime No.210/2019, registered at Police Station-Bairasiya, District- Bhopal for the offence under Sections 302, 120-B, 201, 115 of the Indian Penal Code and Section 25/27 of the Arms Act.
The first application of the applicant filed under Section 439 of the Code of Criminal Procedure was dismissed on merits vide order dated 27.01.2020 passed in M.Cr.C.No.54800/2019.
The case of prosecution against the applicant, in short, is that, applicant along with other co-accused assaulted the deceased while another co-accused caught hold of the deceased. The applicant fired a gun shot upon the deceased and deceased succumbed to that gun shot injury.
Learned counsel for the applicant submits that this application has been filed on the changed circumstances that there is no progress in the trial. The applicant has been falsely implicated in the case and considering various judgments cited in the petition, he prays to enlarge the applicant on bail.
Learned Panel Lawyer for the respondent/State has opposed the bail application and submits that the applicant is the main accused in the case. There are strong evidence available against the applicant and the previous application has been dismissed on merits, therefore, it has been prayed to dismiss this application.
Heard the learned counsel for the parties. The first application filed by the applicant was dismissed on merits. In the present situation of widespread of Covid-19 virus, there was a lock-down and the Court working in the trial Court is held up nowadays. In these circumstances, it cannot be said that trial Court or the prosecution is voluntarily causing delay in trial. In the case of P.Chidambaram vs. CBI, AIR 2019 SC 5272 , Hon'ble Apex Court released the applicant after considering the age and other factors. In the case of Paramjeet Singh Vs. NCT Delhi, 1999(9) SCC 52 bail was granted on the ground of delay and in the case of Deepak vs. State of M.P., 2017 (1) MPLJ (Cri) 390, bail was granted on the ground of parity.
In the present case, the applicant is the main assailant who fired a gun shot upon the deceased with intention to kill him.
Keeping in view the facts and circumstances of the case and considering the gravity of the offence, this Court is not inclined to release the applicant on bail on the ground of delay in trial due to present situation of widespread of Covid-19 virus.
On the basis of aforesaid discussion, this second application filed under Section 439 of the Code of Criminal Procedure on behalf of applicant - Kanhaiyalal Yadav, deserves to be and is hereby dismissed.