ORDER

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.356/2023 dated 17.07.2023 registered at Police Station Mangawan, District Rewa for the offences punishable under Sections 147, 148, 294, 456, 323, 302 and 450/34 of the IPC.

2. The counsel for the applicant submits that in the present case, a Marg Intimation Report was lodged by the wife of the deceased in which she did not mention the name the present applicant which is palpably evident from perusal of the Marg Intimation Report. It is contended by the counsel that subsequently in the First Information Report, the present applicant has been named and the allegations against the present applicant are that he also inflicted injury with fists and kick to the deceased whereas the prosecution is projecting that a lathi was seized from the present applicant. It is further contended by the counsel that in view of the Marg Intimation Report it is apparent that no offence is being committed by the present applicant and as an afterthought, the present applicant has been implicated. It is also contended that the applicant is in custody since 18.07.2023 and trial would take considerable time to conclude, therefore, counsel submits that the applicant be released on bail.

3 . Per contra, counsel for the State has opposed the application and submitted that there are direct allegations against the present applicant and the wife of the deceased has named the present applicant in the First Information Report and witness, namely, Rajbhan Yadav has also stated in his statement that the present applicant was carrying a lathi, thus taking into consideration the role of the present applicant, the application filed by the present applicant deserves to be dismissed.

4 . Heard the submissions advanced on behalf of the parties and perused the case diary.

5. A perusal of case diary it reflects that in the Marg Intimation Report, the present applicant was not named and in the First Information Report, the wife of the deceased stated that the present applicant inflicted injury with fists and kick to the deceased whereas other witness, namely, Rajbhan Yadav stated that the present applicant was carrying a lathi. The applicant is in custody since 18.07.2023.

6 . Taking into consideration, the totality of the circumstances of the case and the fact that the applicant was not named in the Marg Intimation Report and he is in custody since 18.07.2023, this Court deems it to be a fit case to release the applicant on bail. Therefore, without commenting on the merit of the case, the application is allowed.

7 . It is directed that applicant Pushpraj Yadav shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during the pendency of trial.

8 . It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. (MANINDER S. BHATTI) JUDGE sp