The court emphasized that the judicial conscience of the court should be satisfied about the recovery and origin of the human blood when considering the FSL report as evidence.

Headnote:BAIL - Criminal Procedure Code - Section 439, Indian Penal Code - Sections 302 and 201 - The court dismissed the second bail application of the applicant who was implicated in a case involving offenses under sections 302 and 201 of the Indian Penal Code. The applicant argued that the FSL report was inconclusive and should not be relied upon. The applicant also relied on a Supreme Court decision where blood stain evidence without grouping was discarded. The court considered the Supreme Court decision and held that there is no fixed formula to appreciate the FSL report, but the judicial conscience of the court should be satisfied about the recovery and origin of the human blood. Since the trial was at an initial stage and the evidence was yet to be recorded, the court found that the involvement of the applicant could not be ruled out based on the incriminating material already available on record. Therefore, the court concluded that no case for bail was made out.
Fact of the Case:
The applicant filed a second bail application under section 439 of the Criminal Procedure Code, as he/she was implicated in a case involving offenses under sections 302 and 201 of the Indian Penal Code. The applicant argued that the FSL report was inconclusive and should not be relied upon.
Finding of the Court:
The court dismissed the bail application, finding that the involvement of the applicant could not be ruled out based on the incriminating material already available on record.
Ratio Decidendi:
The court considered a Supreme Court decision and held that there is no fixed formula to appreciate the FSL report, but the judicial conscience of the court should be satisfied about the recovery and origin of the human blood. Final Decision: The court concluded that no case for bail was made out and dismissed the bail application.

ORDER : – They are heard. Perused the case diary/challan papers.

This is the second bail application of the applicant under section 439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No. 910/2021 registered at Police Station Barwani, District Barwani (MP) for offence punishable under sections 302 and 201 of the Indian Penal Code, 1860. The applicant is in custody since 21-12-2021.

2. His earlier bail application M.Cr.C. No. 10407/2022 has already been dismissed by this Court on merits vide order dated 23-3-2022, however, with liberty reserved to the applicant to renew his prayer after the FSL report is received.

3. Counsel for the applicant has submitted that now the FSL report has already been received and the articles which have been seized from the applicant were although blood stained, however, there is no further finding regarding grouping of the blood nor there is any DNA profiling. In such circumstances, when the FSL report in itself is inconclusive, it cannot be relied upon and the applicant deserves to be released on bail. It is further submitted that the applicant is in jail since 21-12-2021 and final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and the applicant be released on bail. Counsel has also relied upon a decision rendered by the Supreme Court in the case of Madhav vs. State of M. P., reported as 2021 MPLJ Online (Cri.) (S.C.) 40 = 2021 Cri.L.J. 3902 wherein also, the blood stain articles recovered at the instance of the accused though had human blood on them as per the FSL report but as there was no grouping of the same, the Supreme Court has discarded such evidence.

4. Counsel for the respondent/State, on the other hand has opposed the prayer and it is submitted that looking to the fact that his earlier application has already been dismissed on merits and also considering the human blood on the cloths of the applicant, no case for grant of bail is made out.

5. Heard learned counsel for the parties and perused the record.

From the record, it is apparent that the deceased died due to crush injuries caused by heavy stones and from the possession of the applicant, blood stains cloths have been seized. So far as the decision rendered by the Supreme Court in the case of Madhav (supra) is concerned, the relevant paragraphs of the same read as under : –

“27. Apart from the fact that the witnesses in whose presence the seizure of the weapons was allegedly effected, had turned hostile, there was also one more thing. There is nothing on record to show that the blood stains said to have been present in those weapons, matched with the blood of the deceased. Unfortunately, the High Court proceeded on a wrong premise that there was scientific evidence to point to the guilt of the accused, merely because as per Exhibit P25 (FSL Report), the knife and lathis said to have been seized by the police, contained stains of human blood. The prosecution has not established either through the report of FSL or otherwise, that the blood stains contained in the knife and lathis were that of the deceased.

28. We are conscious of the fact that there is a divergence of views on this aspect. In Raghav Prapanna Tripathi vs. State of U. P., a Constitution Bench of this Court by a majority held that, “…that it would be farfetched to conclude from the mere presence of bloodstained earth that that earth was stained with human blood and that the human blood was that of the victims…”. In Kansa Behera vs. State of Orissa, this Court acquitted the appellant on the ground that though the Serologist report found the shirt and dhoti recovered from the possession of the appellant to be stained with human blood, there is no evidence to connect the same with the blood of the deceased. In Surinder Singh vs. State of Punjab, the blood stains found on the knife allegedly used for the commission of the offence, were established to be human bloo

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