Devendra Sen @ Pushkar Sarathe vs State Of Madhya Pradesh

Anjuli Palo, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.

The applicant is in custody since 28.3.2021 in connection with Crime No.303/2021 registered at Police Station Nishatpura, District Bhopal for the offences punishable under Sections 294, 302, 34 of the IPC.

As per prosecution's case, the applicant along with co-accused assaulted the deceased by fists on his chest. The age of the deceased was about 32 years. As per medical report of LBS Hospital, the deceased was suffering from severe chest pain and as per his post mortem report, his death was caused due to cardiac failure as a result of conpusion of heart caused by trauma to the chest by hard and blunt object.

Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the case. As per the FIR, after the incident, the deceased was going to his shop meanwhile he was feeling chest pain and went to LBS hospital where he was admitted in ICU and during treatment at about 6:47 PM, he died. The incident took place at about 4:45 PM. Two material witnesses have been examined during trial, who were close relatives of the deceased, they have not supported the case of the prosecution and turned hostile. It is further submitted that the applicant is in custody and trial will take considerable time to conclude, therefore, he may be released on bail.

Learned Panel Lawyer has opposed the application.

I have heard learned counsel for the parties at length. Considering the above facts and circumstances of the case, I find it to be a fit case to release the applicant on bail, therefore, without commenting on the merit of the case, the application is allowed.

It is directed that applicant Devendra Sen @ Pushkar Sarathe shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his 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 applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.