Nafeesh Khan vs State Of Madhya Pradesh

Atul Sreedharan, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.230/2020 for the

offences punishable under Sections  307/34 of IPC registered at Police Station- Kotwali District-Shahdol.

The applicant is in judicial custody since 27.03.2020 in the aforementioned case. He is the sole accused. He is stated to have stabbed the

injured/complainant several times on various parts of the body including the vital areas, on account of which, the case has been registered against him

and he has been taken into custody.

This is the second application for grant of bail and the first application was dismissed by this court as withdrawn with liberty to file afresh after the

statement of the complainant is recorded before the learned court below. The applicant has been in pre-trial incarceration for almost a year and yet

the statement of the complainant and the another eye-witness has not been recorded till date on account of the courts having shut-down after the

covid-19 pandemic.

Looking at the facts and circumstances of the case and the amount of pre-trial incarceration already undergone by the applicant herein and an early

conclusion of trial does not seem probable, the application is allowed and it is directed that the applicant shall be enlarged on bail upon his furnishing a

personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial court.

The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be

sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.

C.C. as per rules.