The completion of investigation and filing of charge-sheet can be considered as grounds for granting bail, without commenting on the merits of the case.

JUDGMENT

Deepak Kumar agarwal, J. - This is the 1st bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 29.10.2021 by Police Station, Kotwali Sheopur, District Sheopur, in connection with Crime No.226/2021 for the offence punishable under Section 302, 34 of IPC.

In brief, the prosecution case is that on 14.05.2021 complainant Pankaj Shivhare has lodged a report at Kotwali, Sheopur that from last three years he is working as salesman at a liquor Company at Sheopur and from the last 20 days at Shop No.4 of the liquor company deceased Santosh, resident of Lalitpur, was also doing work of salesman. Due to lock-down, they were performing work of watchman at the shop. On 13.05.2021 at 7 P.M. deceased Santosh said that he has to go outside to answer the call of nature. When he did not return after some time, at 8.39 P.M. he telephoned on his mobile, then he replied that he will come after some time. When he did not return, he went behind the shop and saw that deceased Santosh is lying down in pool of blood. He telephoned his owner Rajiv Shivhare. Thereafter, Police came on the spot and informed his family members. On the chest of dead-body, stab wound of knife was found. On his complaint, offence under Sections 302, 34 of IPC against unknown person was registered. Postmortem was conducted. During investigation applicant/accused was apprehended after five and a half months of the incident. at his behest, his motorcycle used in the commission of offence has been seized. Statement of one witness Devendra was recorded after five and a half months of the incident on 28.10.2021. In his statement, he has stated that on 28.10.2021 at about 8 pm after about five and half months of the incident when he went to take vegetable from the Sabji Mandi, he overheard the conversation of two boys, namely ali and Kuber Soni. They were saying that during Corono pandemic they along with Sadik, Shanu Dohare and Irshad went to take liquor where a dispute arose in which, Shadik stabbed the shop keeper. applicant/accused was arrested on 29.10.2021. after investigation, charge-sheet has been filed.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. He is in custody since 29.10.2021. Investigation has been complete and charge-sheet has been filed. Co-accused ali Khan has been released on bail by this Court vide order dated 8.2.2022 passed in M.Cr.C.No.6801/2022. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Both the advocates are heard. Case diary perused.

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 bail bond of Rs.25,000/-(Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

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

Application stands allowed and disposed of.

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

Certified copy as per rules.