UMASHANKER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed under Sec. 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 6/2/2022 in connection with Crime No.76/2022 registered at Police Station Bina, District Sagar (M.P.) for the offence punishable under Ss. 307, 323, 294, 506 and 34 of the Indian Penal Code 1860 (for brevity "I.P.C").

(2.) It is submitted that complainant and the present applicant are neighbourers. There was a dispute between the children of two families and applicant is falsely implicated. As per the prosecution story, Tara Chand had hit Ramu with a lathi on his head. There is a single lathi blow. There is no allegation of any overt-act on the part of the present applicant. He has been falsely implicated so to settle scores with the present applicant. He is innocent. Main accused is Tara Chand. Investigation is complete. Custodial interrogation of the applicant is not required. Conclusion of trial will take time. Co-accused Biharilal already released on bail by this Court vide order dtd. 09/03/2022 in M.Cr.C No.11522/2022, hence, prayer is made to enlarge the applicant on bail.

(3.) Learned Government Advocate for the State opposes the application. After hearing counsel for the parties and considering other facts and circumstances of the case, investigation is complete and charge-sheet is filed, trial will take time for its conclusion, therefore, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.