ORDER

This is first application filed by the applicants under Section 439 of the Code of Criminal Procedure for grant of regular bail who are in custody since 29.03.2024 relating to FIR No80/2024 registered at Police Station Kundam District Jabalpur (M.P.) for the offences under sections 302/34 of the IPC.

2. Learned counsel appearing for the applicants submitted that applicants were not armed with dangerous weapon. Applicant Mansu is said to have assaulted the victim with a lathi which was lying on the spot. There was no pre-

mediation. Subhash was not armed with any weapon. No offence under section 302 of the IPC is made out against the applicant. In these circumstances, applicants may be granted bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that investigation is incomplete and charge sheet is yet to be filed. Offence is heinous in nature.

4. Heard the counsel for the parties.

5. As per prosecution story, injury with Lathi has been caused on the neck of victim. He did not died immediately. He suffered some complication and was admitted in the hospital. Later on, he did in the night. Considering the manner in which incident has taken place, weapon with which applicants were armed and injuries suffered by deceased, without commenting on the merits of the case, bail application filed by applicant is allowed .

6. It is directed that the applicants shall be released on bail on furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court concerned for their regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

7. The applicants shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade themselves from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules. (VISHAL DHAGAT) JUDGE pn