JUDGMENT

Deepak Kumar Agarwal, J. - This is First application u/S.439 Cr.P.C filed by the applicant for grant of bail. The applicant was arrested on 08/06/2022 in connection with Crime No.113/2022 by Police Station- Karahal, District- Sheopur (M.P.) for the offence punishable under Sections 302, 201, 294, 323 and 34 of IPC.

2. In brief, the prosecution case is that on 07/06/2022 complainant Umesh @ Keriya Bheel lodged a Dehati Nalisi against the applicant and three other accused persons that he alongwith his younger brother had gone to attend the marriage of his cousin brother where some altercation took place between the accused persons and complainant. On that, applicant Bisen and other accused persons namely- Som and Jeetu assaulted the complainant by kicks and fists and when younger brother- Kishna of the complainant came to intervene in the matter, applicant caught hold of him and other accused persons assaulted him by kicks and fists. Thereafter, they took him and threw in the forest. During incident, deceased received injury on his private part, due to which, he died. As per postmortem report, deceased died due to injury received on the private part. Statements of witnesses were recorded and applicant was arrested on 08/06/2022. After investigation, charge-sheet has been submitted.

3. Learned Advocate for the applicant submits that applicant is aged 25 years and he has been falsely implicated in the case. Charge-sheet has been filed, therefore, further custodial interrogation is not required in the matter. Applicant/accused is in custody since 08/06/2022 and he is a permanent resident of District- Sheopur (M.P.). There is no likelihood of his absconsion or tampering with the prosecution evidence. Under these circumstances, he prays for grant of bail to the applicant.

4. Learned Public Prosecutor for the State vehemently opposed the bail application and prayed for dismissal of the application.

5. Looking to the aforesaid facts and circumstances of the case, coupled with the fact that conclusion of trial will take some time, without commenting upon 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 the applicant furnishes a personal bail bond in the sum o f 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.

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

7. Application stands allowed and disposed of.

8. Certified copy as per rules.