JUDGMENT

Deepak Kumar Agarwal, J. - This is First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

2. Applicant has been arrested on 07/12/2022 by Police Station- Kailaras, District- Morena (M.P.) in connection with Crime No.631/2022 for the offence punishable under Sections 323 , 147, 148, 149, 307 of the I.P.C. and Section 25 /27 of the ARMS ACT .

3. Prosecution story, in short, is that on 09.11.2022 at 11:40 P.M. complainant Ricky @ Devendra lodged an oral complaint in Police Station Kailaras, District Morena against present applicant and other co-accused persons. On 9.11.2022 in the evening 7:45 applicant and accused persons Banwari, Devendra, Ramu and Chotu were standing outside the house. At that time, younger brother Upendra @ Bhura came running form Gurjar Chouraha toward the house and was crying 'pandito ne mughe mara hai'. From his right hand of his finger the blood was oozing. At that time, accused Banwari, Devendra Sharma, Ramu Sharma came on a motor-cycle, Banwari Sharma was having a gun, Ramu Sharma was having Fersa and in an other motorcycle accused Ravi Sharma, Chotu Sharma was having lathi in their hands came over there and started crying "maro" due to which accused Banwari Sharma fire upon Bhura with intention to kill. Bullet hit on his right thigh. Blood was oozing, thereafter they fled away. Injured was brought to hospital. On the basis of information, offence punishable under Sections 323 , 147, 148, 149, 307 of the I.P.C. and Section 25 /27 of the ARMS ACT bearing Crime No.631/2022 has been registered against the applicant in Police Station- Kailaras, District- Morena (M.P.).

4. It is submitted by learned counsel for the applicant that the applicant is an innocent and she has falsely been implicated in the offence. Injured Bhura @ Opendra was initially examined in Kularas Hospital and thereafter he referred to District Hospital, Morena. Gun shot wound was found on right thigh. Statements were recorded. He is in custody since 07/12/2022. Motorcycle was seized from the possession of the applicant. Learned counsel for applicant submits that applicant has not fired upon the injured. Due to land dispute, previously animosity is going on between both the parties. After investigation, charge sheet has been filed. Conclusion of trial will take time. On such premise, learned counsel for the applicant prays for grant of bail of the applicant.

5. Learned counsel for the State vehemently opposed the application and prayed for its rejection. Learned counsel for the complainant also vehemently opposed the application by submitting that the co-accused persons are absconded.

6. Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash security of Rs.25,000/- along with a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

7. He will present during trial before the trial Court on each and every date.

8. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.

9. Application stands allowed and disposed of.

Certified copy as per rules.