A person accused of an offence may be released on bail if the court is satisfied that there are reasonable grounds to believe that he will not commit any offence while on bail and that he will appear before the court as and when required.

ORDER

This second application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation to F IR No. 614/2023 dated 17.11.2023, registered at Police Station Ashoka Garden, District Bhopal (M.P.) for commission of offence under Section 307 of IPC. Applicant is in detention since 18.11.2023. 2. Applicant's first bail application was dismissed as withdrawn and not pressed with liberty to renew the prayer for bail after filing of charge-sheet vide order dated 11.1.2024 passed in M.Cr.C. No.1167/2024. 3. As per the prosecution story, on 17.11.2023 present applicant had some scuffle with the complainant/wife. At around 8.30 A.M. with an intention to kill her, he pushed her due to which she fell down from Balcony and sustained injuries. FIR was registered. After investigation charge sheet has been filed.

4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. No offence is made out. It is further submitted that husband and wife have entered into compromise. Their son is suffering from diabetes and he is remembering his father. Wife has filed an affidavit and has deposed to grant bail to the applicant. Therefore, it is prayed that applicant may be released on bail, pending the trial.

5. Learned counsel for the objector submitted that injured wife has no objection if applicant is released on bail. She has filed her affidavit. Though learned counsel for the respondent/State has opposed grant of bail.

6. Having taken into consideration the factum of compromise between husband and wife and the fact that their son is suffering from diabetes and needs proper treatment which is not possible in absence of husband/ father, but without expressing any opinion on the merits of the case, I am inclined to release the applicant on bail. Consequently, this second bail application under Section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands allowed. 7. It is directed that applicant - Naveen Yadav be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 8. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules. (DINESH KUMAR PALIWAL) JUDGE mrs. mishra