IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI th ON THE 7 OF APRIL, 2025 MISC. CRIMINAL CASE No. 14349 of 2025 RAHUL @ BACHHA Versus THE STATE OF MADHYA PRADESH Appearance:

Mr. Yogesh Kumar Gupta, counsel for the applicant.

Ms. Neetu Khetra, public prosecutor for the non-applicant/State.

ORDER Applicant - Rahul @ Bachha S/o Shri Lalji Bamniya has filed the second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (equivalent to Section 439 of Code of Criminal Procedure, 1973) for grant of regular bail who has been arrested on 25.07.2023 in connection with Crime No.668/2023 registered at Police-Station - Industrial Area, District - Dewas (MP) for the commission of offence punishable under Section 302, 307 and 34 of Indian Penal Code, 1860 and Section 25 of Arms Act, 1959.

2. The first application was dismissed as withdrawn with liberty to revive the application after recording of the statements of Investigation Officer (IO) vide order dated 09.12.2024 passed in Miscellaneous Criminal Case No.49147 of 2024.

3. As per prosecution case on 16.07.2023, the complainant-Laxman Signature Not Verified had come to the place of occurence in a Truck bearing registration No.MP09HG-6453 with loading wheat in the said truck and when he reached near Dewas at about 12 pm, the tyre of truck got punctured and he was standing near Hindustan Dhaba and changing the tyre with cleaner Sanju, suddenly the two persons came on motorcycle and caught hold of them, they shouted and tried to ran away from the spot but the assailants caught Sanju and gave 7-8 knife blows on different parts of his body due to which he got severely injured and got admitted in the hospital and later he succumbed to death. Thereafter the incident was reported to the Police-Station - Industrial Area, Dewas and FIR was registered against the applicant and co-accused persons.

4. Counsel for the applicant submits that applicant is innocent and has falsely been implicated in the crime. He is suffering jail incarceration since 25.07.2023. He submits that Investigation Officer has been examined and this is a case based on circumstantial evidence and no eye-witnesses have been examined. The similarly placed co-accused persons namely; Kundan and Ravi have been granted bail by the Coordinate Bench of this Court. The applicant though seen in the CCTV Footage but the said CCTV Footage is of near about 7.15 hours prior to the incident which allegedly took place on 17.07.2023 at about 12:15 am in the night. Out of 29 witnesses, 16 witnesses have been examined. Counsel for applicant has invited attention of this court towards the statements of IO particularly Annexure-P/19 and statements of PW/16 and para 32, 35 and 36 of statement is relevant. He also submits that conclusion of trial will take considerably long time to conclude. On this Signature Not Verified ground, counsel for the applicant prays for grant of bail to applicant.

5. Per contra, public prosecutor for the non-applicant/State has opposed the prayer on the ground that applicant is seen in CCTV footage near the Dhaba with accused Kundan @ Kalu, the applicant is not entitled for grant of bail and hence prays for dismissal of bail application. 6. Heard counsel for the parties and perused the case diary.

7. In the aforesaid factual backdrop, looking to the facts and circumstances of the case and the evidence available on record against the applicant and looking to the custody period of applicant, this Court is inclined to grant bail to the applicant. Accordingly, without commenting on merits of the case, the bail application is allowed.

8. It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with separate solvent surety in the like amount to the satisfaction of trial Court, for his regular appearance before the concerned Court on all the dates fixed by the said Court, without any def