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

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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.

His earlier bail application M.Cr.C. No.10407/2022 has

already been dismissed by this Court on merits vide order dated

23/03/2022, however, with liberty reserved to the applicant to

renew his prayer after the FSL report is received.

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 Madhya Pradesh

reported as 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.

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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.

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. The State Of Uttar

Pradesh, 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

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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 blood. But this Court

reject