The court considered the circumstances and the relationship between the applicant and the deceased in granting bail, without commenting on the merits of the case.

JUDGMENT

Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.899/2021, registered at Police Station Kishanganj, Dr.ambedkar Nagar, District Indore (M.P.) for commission of offence punishable under Section(s) 304 of IPC.

Prosecution story, in brief, is that on 10.12.2021 a quarrel took place between the applicant and his brother Pooran. It is alleged against the applicant that he in a drunken state drove his vehicle truck bearing registration No.GJ-06-aV-6315 negligently, due to which deceased came under left frontal tyre and died.

Learned counsel for the applicant submits that at the time of incident his brother deceased Pooran was in a drunken state and was coming alongwith deadly weapon Tommy to assault the applicant and applicant in his right to private defence tried to move from the spot with the truck, during which deceased came under his left frontal tyre. applicant did not commit any act intentionally. He was not aware about the fact that his brother was near his truck. He is in custody since 22.12.2021. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application and submits that applicant intentionally in a drunken sate drove the vehicle negligently and caused death of the deceased. Therefore, he is not entitled for bail.

Having considered the rival submissions, material produced on record and the fact that applicant and deceased both were real brothers, on the date of incident a quarrel took place between them on a very trivial issue, thereafter deceased came under the left frontal tyre of the applicant's vehicle and also considering other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail. Hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail authority is directed to follow the directions/ guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C.C. as per rules.