Criminal Procedure Code, 1973
Section 439—Regular bail—Murder case—Trial court did not find any material to frame the charge under Section 302 of IPC and has instead framed the charges for the offence under Section 304 Part I of IPC—Applicant is in jail for last one year—Alleged incident had taken place in the spur of moment on account of an issue pertaining to the theft of the mobile phone of the applicant—Applicant did not use any dangerous weapon—Neither there is any criminal antecedents of applicant nor possibility of his adversely influencing the witnesses—Investigation is over and more than 10 witnesses have already been examined—Applicant has two minor school-going children and belonging to a poor family, is the only source to manage the need of his family—So far as apprehension of prosecution that applicant could not be available for trial is concerned, the same can always be taken care of while imposing appropriate conditions—Applicant enlarged on bail subject to conditions—Application allowed.
[Paras 4 & 6