The court's decision was influenced by the consideration of the likelihood of the applicant's absconsion or tampering with the prosecution evidence, and the specific conditions imposed for granting bail.

JUDGMENT

Deepak Kumar Agarwal, J. - Learned counsel for the rival parties are heard.

2. This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

3. The applicant was arrested on 14.07.2022 by Police Station Raghunathpura, District - Sheopur (M.P.) in connection with Crime No.79/2022 for the offence punishable under Sections 308, 302 and 34 of IPC.

4. Prosecution story in short, is that on 10.07.2022 at 9:52 pm, the complainant Gopal lodged a Dehati Nalsi at Police Station Raghunathpur, District Sheopur with ASI Shashi Kumar Tomar. Thereafter, complainant lodged an FIR against the present applicant at Police Station Raghunathpur, District Sheopur alleging therein that at about 8 pm, the applicant and Abhay Singh were quarreling with their brother Ram Singh outside of the house. On listening their quarrel, the complainant and his brother came to intervene the matter. Abhay Singh and Meharban Singh having danda in their hand assaulted Ram Singh. When Jagdish came to intervene then Meharban gave a danda blow on his neck and Abhay gave a danda blow on his head. Due to said injuries, he fell down. On this information a report bearing No.79/2022 under Section 308 of IPC was registered. During treatment, two contusions were found on the body of Jagdish. He was referred to Kota Medical College. During treatment, Jagdish died. His postmortem was conducted and Panchnama was prepared.

5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and he is not involved in the case directly or indirectly. The applicant is in custody since 14.07.2022 and he is the permanent resident of District- Sheopur. It is further submitted by learned counsel for the applicant that the incident took place all of sudden. There was no intention to kill Jagdish. After investigation, charge-sheet has been filed. There is no likelihood of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

6. Per contra, learned Public Prosecutor for the State vehemently opposed the application and prayed for dismissal of the application.

7. Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a cash surety of Rs.15,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail.

8. He will present during trial before the trial Court on each and every date.

9. In case of any default, cash security of Rs.15,000/- shall be forfeited without giving any notice.

10. Application stands allowed and disposed of.

11. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy/e-copy as per rules/direction.