Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.

JUDGMENT

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

The applicant was arrested on 03.12.2021 in connection with Crime No.636/2021 by Police Station Maharajpura, District Gwalior (MP) for the offence punishable under Sections 306/34 of IPC.

As per prosecution story, on 01.05.2021 at 9:45 pm brother of the deceased Ravindra Singh gave an information at Police Station Maharajpura, District Gwalior stating that his brother Satendra Singh aged 22 years was admitted in Military Hospital, Morar, as he was ill. On his information, Merg No.35/2021 was registered and Merg was enquired. Postmortem was conducted and as per postmortem report, he died due to consumption of aluminum phosphide poisoning and sudden cardiac arrest. On 12.05.2021 brother of the deceased Ravindra Singh stated that the applicant took loan from his brother which he was not returning, due to which he committed suicide. This fact has been narrated in the said suicide note. Thereafter on 19.09.2021, 01.10.2021 and 10.10.2021, this fact was also stated by Krishna and Keerat Singh Tomar. On 02.05.2021 from the place of incident one register containing suicide note was seized. after five months of the incident, on 03.10.2021 offence under Section 306/34 of IPC was registered against the present applicant and one another accused Pawan Bhadouria. The applicant was arrested on 03.12.2021. His memorandum was recorded but there is no recovery at the behest of the applicant. There is no signature in the copy of suicide note.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is in jail since 03.12.2021. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, he prays for grant of bail to the applicant.

Learned counsel for the State vehemently opposed the application and prays for its rejection.

Heard learned counsel for the rival parties at length and perused the case diary.

Looking to the facts and circumstances of the case, 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 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.