ORDER

This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

Applicant has been arrested on 22.11.2019 in connection with Crime No.232/2019 for offence under Sections 302, 201 of the IPC registered at Police Station-Indwar, District-Umaria (M.P.).

Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 22.11.2019. Accordingly to prosecution story, applicant was made accused on basis of memorandum. Blood stained clothes belonging to applicant was seized by police. It is further submitted by him that applicant will cooperate in trial and will not influence the witnesses or tamper with the evidence of the case. On these grounds, he prayed that applicant may be enlarged on bail.

This Court vide order dated 18.08.2022 has called for FSL report.

Learned Panel Lawyer appearing for the State submitted that no conclusive opinion is given in FSL report as blood stains had found disintegrated.

Heard the counsel for the parties.

Case against applicant is only of circumstantial evidence. Applicant is in jail for last three years.

Considering the FSL report and the facts and circumstances of the case, and the period of custody of applicant, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.

The applicant shall abide by the following conditions of Section 437 (3)

of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.

(VISHAL DHAGAT)

JUDGE shabana