RADHESHYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant has been implicated in connection with Crime No.197/2022, registered at Police Station - Balwada, District Khargone (M.P.) for offences punishable under Ss. 304/34 of IPC. The applicant is in custody since 12/09/2022.

(2.) As per prosecution story, on 28/02/2022 at about 05:00 PM applicant along with Ajay, Shivram and Manoj were fishing in Choral river. On some issue of fishing, an altercation took place between present applicant, Manoj and deceased Shivram. Manoj assaulted the shivram by wooden stick, due to which he fell down in the river and died. Accordingly, offence has been registered. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Investigation is over and charge sheet has been filed. Present applicant has not caused any injury to the deceased and the main allegation is against the co-accused Manoj. Applicant is the sole bread earner of his family. He is in custody since 12/09/2022 and conclusion of trial will take sufficient long time. On the aforesaid grounds, prayer is made to release the applicant on bail.

(3.) On the other hand, learned counsel for the non-applicant/State opposed the prayer and prays for its rejection.