RAM PRAKASH Vs. STATE OF MP

JUDGEMENT

(1.) LEARNED counsel for the rival parties are heard.

(2.) THE applicant has filed this fourth application u/S 439, Cr.P.C. for grant of bail after rejection of the first and third bail applications on merits and the second one was dismissed as withdrawn. The applicant has been arrested by Police Station Rawatpura, District Bhind in connection with Crime No.10/2013 registered in relation to the offences punishable u/Ss. 341, 294, 323, 324 and 302/34 of IPC.

(3.) CONSIDERING the facts that the applicant is in custody since 11.03.2013 and in the trial all the principal prosecution witnesses have been examined; out of whom some of the witnesses though stated that the applicant was seen using an axe to inflict head injury on the deceased, but the post -mortem report does not corroborate this ocular evidence as there is no incised injury on the body of the deceased and the witnesses on the prima -facie assessment have given contradictory statements and it is stated by filing the ordersheet dated 21.04.2014 of the trial Court that the Presiding Officer has been transferred and that the early conclusion of the trial is a bleak possibility and pre -trial detention is anathema to the concept of liberty and that there are no criminal antecedents of the applicant and the material placed on record does not disclose possibility of the applicants fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicant but with certain stringent conditions in view of pendency of the trial.