ORDER

They are heard. Perused the case diary /challan papers.

2. Code, 1973, as the applicant is implicated in connection with Crime No.791/2022, registered at Police Station Rau, District Indore for offence punishable under Sections 306 and 377 of IPC.

3.

4. of the deceased to the effect that the deceased is missing. Thereafter the body of the deceased was recovered on 14.7.2022 and it was discovered that he has committed suicide by jumping into a well. On recovery of the body marg was registered and investigation was commenced during the course of which statements of witnesses were recorded and whats app chat between the deceased and one Deep was recovered in which it transpired that the applicant had performed unnatural sex upon the deceased and had been blackmailing him. On that basis the applicant has been implicated and arrested for the present offence.

5. and has falsely been implicated in the case. There is no direct evidence showing that the applicant ever threatened or blackmailed the deceased in any manner. The said allegations have come up only in the whats app chat between the deceased and one Deep which is also a one way communication. There is no conversation between the applicant and the deceased. There is no other material on record to connect the applicant with the present crime. The allegations are not corroborated by the medical report of the deceased. Investigation has been completed and charge sheet has been filed and further custodial interrogation of the applicant is no longer required. On such grounds prayer for grant of bail to the applicant has been made.

6. and has submitted that in view of the allegations levelled against the applicant he is not entitled to be released on bail.

7.

diary.

8. the deceased and having blackmailed him. However, there is no conversation between the applicant and the deceased nor is there any other statement of witnesses in that regard. The only material appears to be the conversation between the deceased and one Deep in which the applicant is not a participant. The allegation against the applicant does not appear to be corroborated by medical evidence. Investigation has been completed and charge sheet has been filed and the applicant is in custody since 3.10.2022 and the trial is likely to take time for its conclusion. Thus, in my opinion, the applicant deserves to be enlarged on bail.

9. application filed by the applicant is allowed. The applicant is directed to be Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Criminal

Procedure Code, 1973.

10.

jump, it shall become ineffective.

Certified copy as per rules.

(PRANAY VERMA)

JUDGE

SS/-