JUDGMENT 1. Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 288/2022 registered at P.S - Neemuch City, Neemuch (M.P.) for commission of offence punishable under Sections 302,325,294,323,506,3344 of IPC. As per prosecution story, on 06.07.2022, deceased, along with his nephew and one Asharam, went to the matrimonial a house of his nephew to drop her back asdue to some family iissues she was not living with her in laws since long when he went there he met co-accused Omprakash, who started beating and abusing the deceased for coming to his house and hence to escape from the place, he: the daughter of the nephew and Asharam, went to the house of Lalaram, Gayari, After some time, co-accused Omprakash, Radheshyam, Gopal, Deepak, Guudybai and the present applicant/accused went to the house of Lalaram Gayari with Lathies and iron rods and started assaulting the deceased with the same . He was injured badly and was taken to the hospital, he was being treated, suffered fatal injuries and ultimately succumbed to his injuries and. passed away on 23.07. 2022. Accordingly, aforementioned offence was registered and the applicants were arrested. 2. Learned counsel for the applicants contended that applicants are innocent and have been falsely implicated in this offence. There is no legal evidence available on record to connect the applicants with the aforementioned offence. They did not commit any offence. 3. They were not present on the spot at the time of the incident. 4. Initially, the FIR was registered under sections 323, 294, 506 of IPC and all other accused persons were released on bail The deceased died due to the injures caused by co-accused; he died due to sceptic. The applicant nos. 1 and 2 are not named in the FIR. No weapon has been recovered from their possession. Investigation is almost almost over, therefore, no further custodial interrogation of the applicant is required.. Applicant no. 3 is a student of Vikram University and applicant nos. 1 an 3 are housewives. Applicants are in custody since 27/07/2022 They are permanent resident of District- Neemuch . There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time.
Applicant no. 3 is a student of Vikram University and applicant nos. 1 an 3 are housewives. Applicants are in custody since 27/07/2022 They are permanent resident of District- Neemuch . 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. 5. Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy. 6. 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 present applicants are not the main accused; applicant nos. 1 and 2 are not named in the FIR; only omnibus allegations have been levelled against them, but no weapon has been recovered from their possession; main allegation is against co-accused Omprakash and Gopal, who caused fatal injuries to the victim by using iron rod; the applicants have no criminal antecedent; only limited role has been attributed to present applicants; they are in custody since 22/07/2022; investigation is almost over and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused/applicants on bail. 7. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on their furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. 8. They shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., It is made clear that if the applicants are again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicants in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. Certified copy, as per Rules.