ASHOK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed by the applicants under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.133/2023 dtd. 24/5/2023 registered at Police Station Dhangaon, district Khandwa, for the offences punishable under Ss. 304 and 34 of IPC. Learned counsel for the applicants has submitted that applicants are innocent and have been falsely implicated in the crime in question. The applicants are in custody since 27/6/2023 and trial will take considerable time to conclude. He further submits that the applicants are permanent residents of district Khandwa and there is no likelihood of their absconding from the clutches of law or tamper with prosecution evidence. He also submits that the applicants are ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court. Upon these grounds, the applicants may be released on bail.

(2.) Learned counsel for the State has opposed the bail application. Heard learned counsel for the parties and perused the case diary. According to the prosecution case, the applicants along with the deceased went for fishing and for this they were using live wires. In this process, the deceased got electrocuted and died. Looking to the fact that the deceased himself was involved in this risky adventure and consequently died, this Court finds it appropriate to release the applicants on bail, therefore, without commenting on the merits of the case, this application is allowed.

(3.) It is directed that the applicants shall be released on bail on their furnishing a personal bond in a sum of Rs.50,000.00 (Rupees Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the trial Court concerned for their appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicants shall comply with the provisions of Sec. 437(3) of the Cr.P.C. Accordingly, this M.Cr.C. stands allowed and disposed of.