The main legal point established in the judgment is the court's discretion to grant bail based on the completion of investigation, the time trial would take, and the lack of requirement for custodial interrogation.

JUDGMENT

Vivek agarwal, J. - This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 06.02.2022 in connection with Crime No.76/2022 registered at Police Station Bina, District Sagar (M.P.) for the offence punishable under Sections 307, 323, 294, 506 and 34 of the Indian Penal Code 1860 (for brevity "I.P.C").

It is submitted that complainant and the present applicant are neighbourers. There was a dispute between the children of two families and applicant is falsely implicated. as per the prosecution story, Tara Chand had hit Ramu with a lathi on his head. There is a single lathi blow. There is no allegation of any overt-act on the part of the present applicant. He has been falsely implicated so to settle scores with the present applicant. He is innocent. Main accused is Tara Chand. Investigation is complete. Custodial interrogation of the applicant is not required. Conclusion of trial will take time. Co-accused Biharilal already released on bail by this Court vide order dated 09/03/2022 in M.Cr.C No.11522/2022, hence, prayer is made to enlarge the applicant on bail.

Learned Government advocate for the State opposes the application. after hearing counsel for the parties and considering other facts & circumstances of the case, investigation is complete and charge-sheet is filed, trial will take time for its conclusion, therefore, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.

It is directed that applicant Umashankar shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

Certified copy as per rules.