AI Structured Summary
Not yet generated for this judgment
Judgment
Vishal Dhagat, J
This is the first application filed by the applicants under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.329/2023 registered at Police Station-Jaitpur, District-Shahdol (M.P.) for the offence under Sections 306 and 34 of the IPC.
Learned counsel appearing for the applicants submitted that applicants are in jail since 17.09.2023. Incident occurred on 17.02.2023 and FIR has been lodged after period of seven months i.e. on 17.09.2023 which throws doubt on prosecution story. In these circumstances, applicants may be released on bail.
Learned Government Advocate appearing for the State opposed the application for grant of bail, however, he could not deny the fact regarding long delay in lodging of FIR.
Heard the counsel for the parties.
Applicants are in jail since 17.09.2023. Delay in lodging of FIR has not properly been explained.
6 . Considering aforesaid facts and circumstances of the case, without commenting on merits of the case, bail application filed by applicants is allowed. It is directed that the applicants shall be released on bail on their furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned for their regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.
The applicants shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C.C. as per rules.