ANGOORNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary / challan papers. This is fourth bail application filed by the applicant under Sec. 439 of Cr.P.C. as he is implicated in connection with Crime No.201/2020 registered at Police Station Kukdeshwar, District Neemuch (MP) for offence punishable under Sec. 302, 201, 34 of IPC. The applicant is in custody since 31/10/2020. His third bail application M.Cr.C. No.28144/2023 was dismissed by this Court on merits on 10/07/2023 taking note of the statement given by Rukmanibai before the police that she had last seen the deceased together with the applicant.

(2.) Counsel for the applicant has submitted that Rukmanibai has been examined in the trial Court as PW/4 and has not supported the case of the prosecution in any manner, her deposition is also filed on record. Counsel has also submitted that apart from the aforesaid statement, there is nothing on record to connect the applicant with the offence and although the father of the deceased has also stated that he had seen the deceased leaving with the applicant in earlier night, however, in the missing person report which was also lodged by the father of the applicant Madanlal has made no reference of the applicant or that the deceased had gone out of the house with any person and what is stated in the missing person report is that the deceased had gone to water the fields of the another person. Thus, it is submitted that looking the fat that the applicant is lodged in jail since 31/10/2020 and there are no criminal antecedents against him and final conclusion of the trial is likely to take sufficient long time, the application be allowed and the applicant be released on bail. Counsel for the respondent / State, on the other hand has opposed the prayer, however, it is not denied that two liquor pouches and a packet of kurkure which have been seized at the instance of the present applicant have not been sent for FSL and there is no DNA available on record and the police has also not seen if there are any finger print out on the aforesaid pouches.

(3.) On due consideration of submissions and on perusal of the case diary, this Court finds force with the contentions raised by counsel for the applicant and further taking note of the fact that the material witness has already turned hostile and the final conclusion of trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed by under Sec. 439 of Cr.P.C. on behalf of the applicant is hereby allowed.