BHARAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary / challan papers.

(2.) This is the third bail application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.384/2020 registered at Police Station Azad Nagar, Indore (MP) for offence punishable under Sec. 307 and 294 of Indian Penal Code, 1860. The applicant is in custody since 03/08/2020. His three applications have been dismissed and withdrawn and his second application M.Cr.C. No.31219/2022 has been dismissed by this Court on 04/07/2021 on merits considering the fact that the applicant had assaulted his wife. Counsel for the applicant has submitted that the applicant is lodged in jail since 03/08/2020 and as such, he has already completed 3 years of incarceration and the injured also has no objection if the present application is allowed, her affidavit to this effect has also been filed on record. Counsel has also submitted that that incident has taken place on a spur of the moment. Hence, it is submitted that the bail application be allowed and the applicant be released on bail. Counsel appearing for the objector/ daughter, son and wife of the applicant, has submitted that he has no objection if the applicant is granted bail. 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. Having considered the rival submissions and on perusal of the case diary, it is apparent that the witnesses have been already won over by the applicant, however, considering the fact that all of them are the family members and the applicant is lodged in jail since last more than three years and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

(3.) Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000.00(rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Sec. 437 (3) Criminal Procedure Code, 1973. Certified copy as per rules.