Bail can be granted when the complainant turns hostile and the accused have been in custody for an extended period, ensuring a fair trial.

Heard with the aid of case diary.

These are third and first bail applications filed under Section 439 of Cr.P.C. for grant of bail to applicant Naveen (in M.Cr.C.No.12421/2024) and applicant - Hatey Singh (in M.Cr.C.No.10493/2024) as they have been arrested in connection with FIR/Crime No.328/2023 dated - not mentioned registered at P.S. - Sadalpur, District - Dhar (M.P.) for commission of offence punishable under Sections 307, 498A, 34 of IPC.

2. Prosecution story, in brief, is that marriage complainant Reena was solemnized with the applicant Naveen. Co-accused Hatey Singh is father-in-law and co-accused Meerabai is mother-in-law of the complainant. There was some dispute between the parties, therefore, the present applicant and co-accused persons used to assault the complainant. On 19.7.2023 the applicants and co- accused persons forcefully insert poisonous tablet in the mouth of the complainant with an intend to kill her. Thereafter, she started omitting and taken to hospital for treatment. On the same day an FIR was lodged against the applicants and co-accused persons.

3. Learned counsel for the applicants/accused submits that the applicants have not committed the offence and have falsely been implicated in the case. It is submitted that after dismissal of the earlier bail application of applicant Naveen, the complainant Reena (PW-1) has been examined before the trial Court, but has completely turned hostile and she has not supported the case of prosecution. The applicant Naveen is in custody since 24.7.2023 and applicant Hatey Singh is in custody since 27.11.2023 respectively. Conclusion of trial will take sufficient long time for its disposal therefore, prayer is made for grant of bail to the applicant.

4. On the other hand, counsel for the State has opposed the prayer and prayed for rejection of the bail applications.

5. Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the view that applicants deserve to be enlarged on bail hence, the applications are allowed.

6. It is directed that the applicants - Naveen and Hatey Singh shall be released on bail upon each of them furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with separate solvent sureties in the like amount to the satisfaction of the concerned trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicants shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

7. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

8. With the aforesaid, this applications are allowed and stands disposed of.

Certified copy, as per Rules.