The absence of direct evidence linking the applicant to the crime and prolonged custody justified the grant of bail under Section 439 of the Code of Criminal Procedure.

Heard and perused the record.

1. This is second bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure , 1973 for grant of bail relating to Crime No.227/2023 registered at Police Station-Nai Abadi, District- Mandsaur(MP) for offence under Section 305 of IPC. The applicant is in custody since 10.09.2023. First application was dismissed as withdrawn vide order dated 06.11.2023, passed in M.Cr.C. No.47534/2023.

2. As per the prosecution story, the present applicant was in relationship with the deceased, but due to family pressure, the marriage could not be consummated between them due to which the deceased committed suicide.

3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The statements of the deceased's sister and other family members lacks substantial evidentiary support. His earlier bail application was withdrawn with liberty to file afresh after four months from that day and now the aforesaid period is over. He further submitted that the applicant is a young lad of 19 years and the absence of direct evidence linking the applicant to the commission of suicide, warrant a reevaluation of the bail application. The applicant is in custody since 10.09.2023 (more than six months). Conclusion of trial will take a sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

4. On the other hand, learned Panel Lawyer for the non-applicant/State has opposed the prayer and prayed for its rejection.

5. After hearing learned counsel for the parties and looking to the facts and circumstances of the case and role of the applicant in the case so also the period of custody of the applicant, I am of the view that it is a case in which applicant may be released on bail. Consequently without commenting on the merits of the case, this repeat(second) bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.