Grant of bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case and the period of custody.

JUDGMENT

Deepak Kumar agarwal, J. - This is first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 16.01.2022 in connection with Crime No.14/2022 at Police Station Mow, District Bhind for the offence punishable under Sections 306 and 34 of IPC.

As per prosecution story, on 02.10.2021 at 5.30 p.m. deceased Santosh S/o ashok resident of Baroli, P.S. Mow, District Bhind had admitted in ICU department in J.a. Hospital, Gwalior and during treatment he died. On the information, Merg under Section 174 of Cr.P.C. was recorded at Police Station Kampoo and post mortem was conducted. as per post mortem report, he died due to cardio respiratory failure as a result of poisoning. Merg was inquired. During Merg inquiry, statements of wife of deceased- Preeti and son- Manoj were taken, in which they stated that on 24.09.2021, due to throwing of garbage, a dispute arose between them and accused persons namely; Dinesh, Pardeep and asharam, due to which deceased Santosh got injured and they reported the matter in the Police. afterwards, on 01.10.2021, the applicant/accused alongwith co-accused persons Pradeep and asharam came to their house and pressurize them to compromise. Her husband/deceased denied to compromise. afterwards, the applicant/accused alongwith co-accused persons Pradeep and asharam told them that they will create trouble for them. Thereafter, they were regularly doing cruelty with the deceased, due to which he consumed some poisonous substance. after Merg inquiry, offence was registered at Crime No.14/2022 under Sections 306, 34 of IPC and the applicant/accused Dinesh Singh was arrested on 16.01.2022.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. The conclusion of trial will take its own time, hence prayed for grant of bail.

Per contra, learned counsel for the State opposed the application and prays for dismissal of the bail application.

Both the advocates are heard. Case diary perused.

Looking to the facts and circumstances of the case as well as considering the fact that he is in custody since 16.01.2022, 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 remain 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.