ORDER

This is 2nd bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. First application has been dismissed as withdrawn.

Applicant has been arrested on 30.7.2022 by police Station, GRP Ashoknagar, Distt. Ashoknagar, in connection with crime No.17/2022 for the offence punishable under Sections 302, 329 of IPC.

As per prosecution case, on 29.7.2022 at 7.05 pm railway police Ashoknagar admitted deceased Ramswaroop Sharma in injured position at Govt. Hospital Ashoknagar for treatment. During treatment, he died.

Information was sent by Govt. Hospital Ashoknagar, on which Merg No.5/2022 was recorded. Dead-body Panchnama was prepared. Postmortem was conducted. As per postmortem report, cause of death was head injury. During Merg enquiry, statement of one Gajju, who is an eye-witness, has been recorded on 30.7.2022 in which he has stated that on the date of incident i.e. 29.7.2022 at 6.30 pm present applicant Chhotu Lodhi was committing Marpeet with deceased Ramswaroop by pelting stone on his head. After Merg report was submitted, crime No.17/2022 was registered for the offence punishable under Section 302 of IPC. Applicant has been arrested. A black stone was seized from his possession. After investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 30.7.2022. During trial, eye-witness Gajju has not supported the prosecution story. He has been declared hostile and nothing has been carved out from his cross-examination.

Statement of another eye-witness Umesh has also been recorded before the trial Court who in his examination-in-chief has stated that he saw present applicant pelting stone on one unknown person. When he enquired from Chhotu he told him not to intervene in the matter, otherwise he will assault with stone on him, due to which he had gone to his house. He was also declared hostile. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Both the Advocates are heard. Case diary perused.

Looking to the facts & circumstances of the case, without commenting upon 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 cash surety of Rs.25,000/- alongwith 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.

In case of default, cash surety of Rs. 25,000/- shall stand forfeited automatically.

Application stands allowed and disposed of.

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

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-