IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR th ON THE 10 OF MAY, 2023 MISC. CRIMINAL CASE No. 16761 of 2023 BETWEEN:-

ANKIT S/O SHRI GOVIND GEHLOT, AGED ABOUT 30 YEARS, OCCUPATION: SERVICE GRAM NEEMKHEDA, POLICE STATIONO UDAI NAGAR, DISTRICT DEWAS. CURRENT ADD. PAWANPURI, COLONY DISTRICT INDORE. (MADHYA PRADESH)

.....APPLICANT (BY SHRI YOGESH GUPTA, ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BHAWAR KUWA DISTRICT INDORE (MADHYA PRADESH)

.....RESPONDENT (BY SHRI VAIBHAV BHAGWAT, G.A.)

This application coming on for admission this day, the court passed the following:

ORDER

They are heard. Perused the case diary / challan papers.

This is the second bail application filed by the applicant under Section

439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.533/2021 registered at Police Station Bhanwarkua, District Indore (MP) for offence punishable under Sections 302, 323, 147, 148, 149 of Indian Penal Code, 1860 and Section 25 (1B)(B) of the Arms Act. The applicant is in custody since 03.07.2021.

His earlier application M.Cr.C. No.36746/2022 has been dismissed by Signature Not Verified this Court on 04.08.2022 as withdrawn after arguing for sometime.

Counsel for the applicant has submitted that material witnesses have been examined and have not supported the case of the prosecution. It is further submitted that the FSL report has also been received and the blood found on the knife seized from the present applicant is found to be disintegrated, hence could not be classified. Thus, it is submitted that considering the fact that the applicant is lodged in jail since 03.07.2021, the application be allowed as the final conclusion of the trial is likely to take sufficient long time.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out as the applicant's earlier application has already been dismissed as withdrawn on

04.08.2022 and there is no change in circumstances.

On due consideration of submissions and on perusal of the case diary as also the statements filed by the applicant of the prosecution witnesses, it is found that most of the prosecution witnesses were already examined prior to the dismissal of the applicant's earlier bail application on 04.08.2022. So far as the FSL report is concerned, it is true that the blood has been found to be disintegrated, however, in such circumstances, a clean chit cannot be given to the applicant holding that no blood was found on the knife seized from him when the FSL report clearly indicates that though the blood was found, but it was disintegrated and further considering the fact that the allegations are of commission of murder of two persons namely Amit Mujalde and Mayank Kanase, who have suffered various knife injuries on their bodies, no case for grant of bail is made out.

M.Cr.C. is, accordingly, dismissed.

Signature Not Verified (SUBODH ABHYANKAR)

JUDGE Bahar Signature Not Verified