Rahul vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's THIRD bail application filed under Section 439 of Criminal Procedure Code, 1973, as he/she is arrested in connection with Crime No.323/2022, registered at Police Station Aambua, DISTT. ALIRAJPUR for offence punishable under Sections 302 and 307 of IPC. The applicant is in custody since 13/12/2022

His earlier bail application M.Cr.C.Nos.31102/2023 was dismissed by this Court vide order dated 19/07/2023 with liberty to renew the prayer after FSL report is received in the Trial Court.

Counsel has also submitted that the FSL report has not been received and infact the Investigation Officer (PW-6) has admitted that he has not sent the stick recovered at the instance of the applicant for any FSL examination. It is also submitted that the applicant happens to be son of the deceased and had taken him to the hospital after the incident and as per the applicant's version the deceased died on account of fall from staircase.

Counsel for the applicant has further submitted that the applicant has been falsely implicated in the case and is lodged in jail since 13/12/2022 and the final conclusion of trial is likely to take sufficient long time and the applicant deserves to be released on bail.

Counsel for the State, on the other hand, has opposed the prayer.

However, it is not denied that the stick was not sent for FSL examination.

Having considered rival submissions, and taking note of the fact that the stick was not sent for FSL examination and further considering the fact that the final conclusion of trial is likely to take sufficient long time and as the applicant is lodged in jail since 13/12/2022, without adverting to the merits of the case, the application filed by the applicant is allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees Twenty Five thousand) with a solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.