The court considered the facts and circumstances, absence of overt act attributed to the applicant, and the likely time for the conclusion of the trial in granting bail.

JUDGMENT

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

2. Applicant has been arrested on 27.11.2022 on by Police Station Lateri, District Vidisha (M.P.) in connection with crime No.301/2022 for the offence punishable under Sections 294, 307, 506, 302, 34 of IPC.

3. As per prosecution case, on 27.11.2022 at 10 A.M., complainant Anwar Khan lodged a F.I.R. at Police Station Lateri, Vidisha against present applicant/accused Haneef Khan and co-accused Kadir Khan, Rafik Khan Aneesh Khan that on 27.11.2022, he along with his nephew Rahiz Khan, brother-in-law Nabbu Khan were going to their field at 8.30 A.M., as soon as theyreached Shamshabad in from of S.D.M. office, from Nabbu Khan's boundary present applicant/accused Haneef Khan along with co-accused Kadir Khan, Rafik Khan Aneesh Khan were coming on their field. Due to previous land enmity stated abusing his brother-in-law Nabbu Khan. Wheh he objected, co-accused Kadir Kahn have pawda in his hand with an intention to kill his brother-in-law, assaulted his head, due to which he got injury. Blood started oozing out and he fell down and became unconscious. At that time, his nephew Rahiz Khan cried. Thereafter, all of the by screaming shouted at if you will come on their land they will be killed. Nabbu Khan was brought by motorcycle to Lateri hospital. On his report, offence under Sections 294, 307, 506, 34 of IPC bearing Crime No.301/2022. Nabbu Khan was treated in City Care hospital, Bhopal. During treatment on 05.12.2022 Nabbu Khan was died. Offence under Section 302 of IPC was enhanced. Statements were recorded. Applicant/accused along with co-accused were arrested.

4. Learned counsel for the applicant submits that applicant is in custory since 27.11.2022. Charge-sheet has been submitted. No overt act has been attributed against present applicant/accused. Nabbu Khan is died due to assault of Kadir Khan. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

5. Learned counsel for the State as well as the counsel for the complainant opposed the bail application and prayed for its dismissal.

6. Both the Advocates are heard. Case diary perused.

7. Looking to the facts and circumstances of the case and the submission made by learned counsel for the applicant, 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 on furnishing 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.

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

9. Application stands allowed and disposed of.

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