IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA ON THE 21^st OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 43090 of 2022 BETWEEN:-

LAXMAN S/O RAMCHANDRA BHABOR, AGED ABOUT 29 YEARS, OCCUPATION: LABOUR, 258, BHIL COLONY, NEAR AZAD NAGAR, INDORE (MADHYA PRADESH)

.....APPLICANT (BY SHRI VARUN RAWAL, ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION AAZAD NAGAR INDORE (MADHYA PRADESH)

2. VICTIM X THROUGH POLICE STATION, AZAD NAGAR DISTRICT. INDORE (MADHYA PRADESH)

.....RESPONDENTS ( BY SHRI SANTOSH SINGH THAKUR, GOVT. ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

1. Investigating Officer Shri Bherusingh Dindore, A.S.I., Azad Nagar, Indore and Shri Indresh Tripathi, S.H.O., Azad Nagar, Indore are present in person.

2. Applicant has filed this repeat Second bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 17.05.2022 in connection with Crime No.333/2022 registered at Police Station Azad Nagar, Indore, District Indore (M.P.) for commission of offence punishable Signature Not Verified Signed by: NEERAJ under Sections 323, 324, 294, 506, 326 & 34 of the IPC and Section 25 of the Arms Act. First application (M.Cr.C. No.36707/2022) was dismissed on merits.

3. Learned counsel for the applicant submits that applicant's earlier bail application (M.Cr.C. No.36707/2022) has been rejected on merits but he is suffering from abdominal diseases and blood clot. His treatment is not possible in the jail. As per the Citi Scan, a clot has been found. Applicant is in jail since 17.05.2022. Investigation is over and charge sheet has been filed. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

4. Per-contra, learned Panel Lawyer for respondent/State opposes the bail application and prays for its rejection by submitting that after rejecting the earlier bail application on merits there is no material change in circumstances.

5. Perused the case diary as well as the documents filed by the applicant.

6. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that after rejection of the earlier bail application of the applicant he has filed certain documents for his medical treatment but as per medical report filed by the jail authorities he has been given sufficient treatment and his health is improving. Other documents filed by the applicant are old medical documents which were already considered at the time of deciding earlier bail application. Hence, it is found that there is no material changes in the circumstances in which the applicant deserves to be enlarged on bail, therefore, this repeat bail application is hereby rejected Signature Not Verified Signed by: NEERAJ (ANIL VERMA)

JUDGE ns Signature Not Verified Signed by: NEERAJ