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Judgment
8 paragraphs · 342 wordsSubodh Abhyankar, J
Perused the case diary / challan papers.
This is the applicant's fourth application under Section 439 of Criminal Procedure Code, 1973, as he/her is arrested in connection with Crime No.446/2022 registered at Police Station-Birlagram Nagda, District-Ujjain (MP) for offence punishable under Sections 452, 427, 323, 324, 294, 506, 34, 376(D) of the IPC. The applicant is in custody since 3.12.2022.
Applicant's third bail application-M.Cr.C.No.14398/2023 was dismissed on 11.4.2023 with liberty to renew the prayer after the FSL/DNA report is filed.
Counsel for the applicant has submitted that the FSL/DNA report, which is also placed on record, does not indicate the involvement of the present applicant. It is also submitted that the prosecutrix has also examined in the trial court and has not supported the case of the prosecution. Copy of her deposition is placed on record. It is further submitted that the applicant is lodged in jail since 3.12.2022 and the final conclusion of the trial is likely to take sufficiently long time. Thus, it is stated that the applicant be released on bail. Counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is submitted that the FSL/DNA report is negative. On due consideration of the submissions and perusal of the case-diary, considering the report of FSL/DNA report and the deposition of the prosecutrix, this Court finds it expedient to allow the present application. Accordingly,without commenting anything on merits of the matter, the present application for grant of bail is allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his/her appearance, as and when directed. It is also directed that the applicant shall be abide by the conditions as enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.