Bail cannot be granted solely on the ground of long incarceration in jail and the inability of the accused to conduct the defense.

JUDGMENT

Rajeev Kumar Dubey, J. - Heard with the aid of case diary.

2. This is second application filed under section 439 Cr.P.C. Applicant Shekhar Berman @ Sikku was arrested on 31.10.2019 in Crime No.512/2019 registered at Police Station Sehore, Jabalpur (M.P.) for the offence punishable under Sections 307 / 34 of IPC.

3. First application of the applicant was also dismissed on merits vide order dated 18.06.2020 passed in M.Cr.C.No.8933/2020.

4. As per prosecution case, on 29.10.2019 at 03:30 PM, when complainant Monu Burman and injured Shanky Burman were standing in front of Babatal Road, applicant Shekhar Burman @ Sikku and co-accused Ravi Burman came there by bike which was being driven by the co-accused Ravi and parked the motorcycle near the complainant Monu Burman and threatened him and applicant assaulted Shanky Burman by knife in his stomach due to which he sustained grievous injury in his stomach and co-accused Ravi assaulted Shanky Burman by stick on his back.

5. Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. Charge sheet has been filed. The applicant has been in custody since 31.10.2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

6. Learned counsel for the respondent/State opposed the prayer and submitted that applicant Shekar Burman assaulted injured Shanky Burman by knife due to which he sustained grievous injury in his stomach.

7. Although, the co-accused Ravi has been granted bail by this court vide order dated 07.02.2020 passed in M.Cr.C. No. 54566/2019 but the case of the present applicant is not similar to the case of the co-accused Ravi. There is no allegation against the co-accused Ravi that he assaulted injured Shanky Burman by knife. It is alleged that applicant assaulted injured Shanky Burman by knife due to which he sustained grievous injury in his stomach, so he is not entitled to get bail on the basis of parity.

8. The earlier bail application filed by the applicant has been dismissed on merits by this Court vide order dated 18/6/2020 passed in M.Cr.C.No.8933/2019 and since then there is no change in the circumstances, except custody period and the trial is still pending. Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director, (2007) 1 SCC 70 held that bail, can not be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence.

9. It is alleged that applicant has assaulted injured Shanky Burman by knife due to which he sustained grievous injury in his stomach, so looking to the facts and circumstances of the case and the gravity of offence, this Court is not inclined to grant bail to the applicant, hence the M.Cr.C. is rejected.