(1.) Applicant has filed this 4th bail application under Sec. 439 of the Code of Criminal Procedure, 1973. He is in jail since 11/6/2022 in connection with Crime No.475/2022 registered at P.S. - Aerodrome, Indore (M.P.) for commission of offence punishable under Sec. 306 of IPC. As per the prosecution story, accused/applicant himself complained that deceased/victim and the applicant were in relationship from last one year and were going to perform marriage together. On 9/6/2022 deceased called the 1 applicant at around 3.00 p.m. and told him that she is coming to his residence to meet him at around 8.00 p.m., on which the applicant said her yes and she reached at the resident of applicant at 8.00 p.m. Then on some issue deceased and applicant started quarreling and the applicant left out for some work. Thereafter at around 11.00 p.m. deceased called the applicant and started talking silly, on which the applicant reached at his residence very fastly, where he saw that door was locked from inside. Thereafter the applicant asked for a saw (Aari) from his neighbour and opened the door and saw that the deceased hanged herself on window by her Dupata. Thereafter the applicant took her down and took her to nearest hospital (Geetanjali Hospital), where it was confirmed that she was dead. Then the applicant informed the police about the whole incident. Thereafter Merg was registered at police station Aerodrome, Indore and then an FIR has been lodged against the applicant under Sec. 306 of IPC
(2.) Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Although applicant's first bail application was dismissed on merit and second and third bail application, which were filed on medical ground, were also dismissed, but after that, prosecution examined seven witnesses including father's sister and brother-in-law (jija) of the deceased and all of them turned hostile. The deceased did not state anything against present applicant in her dying declaration note Ex.-A/2. The applicant is suffering jail incarceration since 11/06/2022. He is seriously ill and suffering from blockage in brain and also found blood clotting in brain. His proper treatment is necessary, which is not possible in custody. The applicant never abetted the deceased to commit suicide He is not responsible for suicidal step of the deceased Applicant is in custody since 11/06/2022 He is permanent resident of District- Indore. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper. Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection stating that the applicant's first bail application was dismissed on merit considering all the facts and circumstances of the case, therefore, he does not deserve for bail
(3.) Perused the impugned order of the trial Court as well as the case dairy. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that father of the deceased Laxmikant Mishra (PW-3), Jija of the deceased Vimlesh Dubey (PW-5) and sister Sapna Mishra (PW-4 tuned hostile and they did not state anything against the applicant in respect of the aforementioned offence; in their cross-examination, they categorically stated that present applicant neither physically and mentally tortured the deceased, not denied for marriage; investigating officer / sub-inspector Ajay Kumar Marco (PW-5) also admits inpara 22 of his cross-examination, in Ex.-A/2, nothing has been found against present applicant that he is responsible for suicide of the deceased and possibility of delay in conclusion of the trial cannot be ruled out, in view of the material change in the circumstances, I deem it proper to release the accused / applicant on bail.