JUDGMENT Rajendra Kumar (Verma), J. - This is the first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant has been implicated in connection with Crime No.197/2022, registered at Police Station - Balwada, District Khargone (M.P.) for offences punishable under Sections 304/34 of IPC. The applicant is in custody since 12/09/2022. 2. A s per prosecution story, on 28/02/2022 at about 05:00 PM applicant along with Ajay, Shivram and Manoj were fishing in Choral river. On some issue of fishing, an altercation took place between present applicant, Manoj and deceased Shivram. Manoj assaulted the shivram by wooden stick, due to which he fell down in the river and died. Accordingly, offence has been registered. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Investigation is over and charge sheet has been filed. Present applicant has not caused any injury to the deceased and the main allegation is against the co-accused Manoj. Applicant is the sole bread earner of his family. He is in custody since 12/09/2022 and conclusion of trial will take sufficient long time. On the aforesaid grounds, prayer is made to release the applicant on bail. 3. On the other hand, learned counsel for the non-applicant/State opposed the prayer and prays for its rejection. 4. Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed. 5. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. 6. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench. 7. The M.Cr.C. stands allowed and disposed of.
This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench. 7. The M.Cr.C. stands allowed and disposed of. Certified Copy, as per rules.