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Judgment
Vishal Dhagat, J
This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.176/2022 registered at Police Station-Harpalpur, District-Chhatarpur (MP) for the offence under Section 302 of the IPC.
Learned counsel appearing for the applicant submitted that applicant is in jail since 08.10.2022. Applicant is innocent and has falsely been implicated in the case. It is submitted that applicant is not named in the FIR. Applicant is said to have assaulted his father with a stick which resulted in his death. Nobody has seen applicant assaulting his father. Police has seized stick which was not blood stained. Stick is a common weapon found in every house. In these circumstances, he prayed that applicant may be released on bail.
Learned Government Advocate appearing for the State opposed the application for grant of bail.
Heard the counsel for the parties.
Considering aforesaid facts and circumstances of the case, without commenting on the merits of the case, bail application stands allowed on following conditions :-
1 . Applicant will mark his presence before local police station on first of every month till completion of trial.
2 . If applicant is found involved in any other offence in future during bail then prosecution is at liberty to file an application for cancellation of bail.
It is directed that the applicant shall be released on bail on aforesaid conditions on furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.
The applicant 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.