Satendra Dhakre vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

I.A. No.16774/2021, an application for urgent hearing is considered and allowed.

I.A. No.16962/2021, an application under Section 301(2) of Cr.P.C. filed on behalf of the complainant for assisting the Panel Lawyer.

For the reasons mentioned in the application, the same is allowed.

Shri Pradeep Katare, Advocate and his associates are permitted to assist the Panel Lawyer.

Heard learned counsel for the parties.

Case diary perused.

The applicant has filed this second application under section 439 of the Cr.P.C. for grant of bail. First application was dismissed as withdrawn vide

order dated 30.04.2021 passed in M.Cr.C. No.19451/2021.

The applicant has been arrested on 10.03.2021 by Police Station â€" Dehat Bhind, District Bhind (M.P.) in connection with Crime No.125/2021

registered in relation to the offence punishable under Sections 307, 294, 34 of IPC.

Allegations against the applicant, in short, are that on 02.03.2021 at about 3.00 am in the night when the complainant was sleeping at Dawat Hotel, at

that time the present applicant and two other co-accused persons came on the motorcycle and started abusing him filthily for the incident, which took

place in the night at about 8.00 p.m. and when the complainant came outside, present applicant fired on him from 315 bore rifle but he bent down and

saved. The bullet hit the glass counter of the hotel. Thereafter, two other co-accused persons also fired at Bolero vehicle and ran away from the spot.

On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 10.03.2021. Charge sheet

has been filed and therefore, no further custodial interrogation is required. It is a case of no injury, therefore, offence under Section 307 of IPC is not

made out. The applicant has no criminal history. Disposal of the matter will take long time. It is further submitted that trial is held up due to COVID-19

and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of

COVID-19, detention of the applicant in already congested prison may be detrimental. The applicant is a permanent resident of District Bhind (M.P.)

and there is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions

as may be imposed by this Court. Under these grounds, applicant prays for grant of bail.

Learned Panel Lawyer for the State as well as counsel for the complainant opposed the application by contending that on the basis of the allegations

and the material available on record, no case for grant of bail is made out. It is submitted that 315 bore rifle was recovered from the possession of the

present applicant. The present applicant is the main accused and he is named in the FIR. Custody period is also less. On all such grounds, they prayed

for rejection of bail application.

Considering the overall facts and circumstances of the case, nature of allegations levelled against the applicant and gravity of the offence, this Court is

not inclined to grant bail to the applicant.

Accordingly, application stands dismissed.