Sangeeta vs State Of Madhya Pradesh

Subodh Abhyankar, J

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

This is the second bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.147/2023 registered at Police Station Mahakal, District Ujjain (MP) for offence punishable under Section 306/034 of Indian Penal Code, 1860. The applicant is in custody since 29/03/2023. His earlier bail application M.Cr.C. No.18810/2023 was dismissed by this Court on 03/05/2023 with liberty to renew prayer after the witness Nitesh Jatav is examined in the trial Court.

Counsel for the applicant has submitted that subsequently apart from the said witness Nitesh Jatav, his sister and mother of the deceased have also been examined in the trial Court and have not supported the case of the prosecution, copy of their depositions have also been placed on record. It is submitted that the applicant is lodged in jail since 29/03/2023 and final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out as although the witnesses have been declared hostile, however, the involvement of the applicant in the present case has been admitted by them.

Having considered the rival submissions and on perusal of the case diary as also the statements of the witnesses filed on record, this Court finds force with the contentions raised by learned counsel for the applicant and further taking note of the fact that the applicant is lodged in jail since 29/03/2023 and final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, without commenting on 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 one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she 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.

Certified copy as per rules.