RAVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second application under Sec. 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.425/2020 registered at Police Station Manakchowk, District Ratlam (M.P.) for offence punishable under Ss. 307/34 of IPC and Sec. 25 of Arms Act. The applicant is i n cus tody since 05/08/2022. First application M.Cr.C. No.57702/2022 was dismissed as withdrawn by this Court vide order dtd. 14/12/2022 with liberty to renew the prayer after receipt of FSL report in the trial Court.

(2.) Counsel for the applicant submits that not only the FSL report is received, but the same is negative so far as the applicant is concerned. It is also submitted that the main injured eye witness Rakesh has already been examined and he has not supported the case of the prosecution. Photocopy of the aforesaid statement is also placed on record. the applicant is in jail since 5/8/2022 and the final conclusion of the trial is likely to take sufficient long time, hence the applicant be released on bail.

(3.) Counsel for the respondent/State, on the other hand has opposed the prayer and submitted that no case for grant of bail is made out, however, it is not denied that the FSL report is received and the main eye witness has turned hostile.