JUDGMENT Rajeev Kumar Dubey, J. - This is the first application under Section 439 of the Cr.P.C. for grant of bail. applicant Lakhan was arrested on 20/10/2021 in connection with Crime No.312/2021 registered at Police Station Dhangaon, District Khandwa for the offence punishable under Sections 341, 294, 323, 307, 506, 34, 302 of the IPC. As per prosecution case on 18/10/2021 deceased Praveen was going to his house, on the way when he was passing in front of Kadwaji's house at around 08:00 P.M. applicant Lakhan and co-accused Deepak, Gopal and Mahesh stopped him and abused him. When deceased Praveen objected, co-accused Deepak assaulted him with stone on his head, co-accused Gopal assaulted him with stick and co-accused Mahesh assaulted him with belt, due to which he sustained injuries and fell down. at that time, applicant told to other co-accused persons that kill him. When Indirabai mother of deceased Praveen came to rescue him, applicant Lakhan assaulted her by kicks and fists. Due to the injuries sustained by Praveen in the incident, he died. Thus, applicant and co-accused murdered deceased Praveen. Learned counsel for the applicant submitted that the applicant is innocent and has falsely implicated in the case. In the FIR lodged by Narayan (an eyewitness of the incident) it is not mentioned that in the incident applicant assaulted deceased Praveen. The only allegation against the applicant is that he assaulted Indirabai, while Indirabai in her statement recorded by the learned JMFC under Section 164 of the Cr.P.C., she did not depose that applicant assaulted her, which clearly shows that Police falsely implicated the applicant in the crime. The applicant has no criminal past. He has been in custody since 20/10/2021. The charge-sheet has been filed and conclusion of trial will take time, hence prayed for release of the applicant on bail. Learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that in the FIR it is not mentioned that in the incident applicant assaulted deceased Praveen, the applicant has no criminal past, he is in custody since 20/10/2021, the charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed.
It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. This order will remain operative subject to compliance of the following conditions by the applicant : 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the trial; 3.The applicant will not indulge himself in extending inducement, threat o r promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which he is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without prior permission of the trial Court. C.C. as per rules.