The completion of investigation and filing of the charge-sheet, along with the existence of a counter FIR, influenced the court's decision to grant bail to the applicant.

JUDGMENT

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

The applicant is in custody since 9.1.2022 in connection with Crime No.7/2022 registered by Police Station Sirsaud, District Shivpuri (MP) for the offence punishable under Sections 147, 148, 149, 294, 307, 323, 324, 341, 506, 326 of IPC.

In brief, prosecution case is that Shishupal Jatav lodged a Dehati Nalishi with Sub-Inspector Rajendra Sharma of Police Station, Sirsaud, Distt. Shivpuri, at Hospital Shivpuri, against present applicant Rajendra Jatav and five others that on 9.1.2022 in the morning at 8 am his cousin Rajaram had gone to the field. adjacent to their field, field of present applicant/accused Rajendra Jatav is situated. There is enmity between them, due to which accused Rajendra Jatav, anil Jatav, Balvant Jatav, Parwat Jatav, Prakash Jatav, akhlesh Jatav armed with Lathi, axe and Ballam came with common object and surrounded his brother Rajaram and abused him with filthy language and with intention to kill him accused Rajendra and anil inflicted axe blow on his legs. Thereafter anil inflicted one blow of axe on his head, due to which blood was oozing out. When he tried to intervene in the matter, accused Balwant inflicted axe blow on his palm of left hand. On listening hue and cry Raju, Brikhbhan, Virendra came to save, then Parwat Singh and Prakash inflicted Lathi blow to Brikhbhan and Raju on their head and akhlesh inflicted Ballam blow to Virendra near his ear. Then Rabdas and Inder came from the village and intervened in the matter. The complainant thereafter dialed 100 number and along with injured reached the hospital. On his Dehati Nalishi, offence under Sections 307, 324, 323, 341, 294, 147, 148, 149, 506 of IPC was registered. Thereafter, FIR bearing Crime No.7/2022 was registered for the aforesaid offences. Grievous injury on the body of Rajaram was found, therefore, offence under Section 326 of IPC was enhanced. Injured Rajaram was admitted in hospital and he was discharged on 9.2.2022. applicant/accused was arrested on 9.1.2022. From his possession one axe was seized. after investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 9.1.2022. Investigation has been complete and charge-sheet has been filed. It is further submitted that for the same incident one counter FIR bearing Crime No.8/2022 was lodged by applicant/Rajendra Jatav against injured Rajaram, complainant Shishupal and Raju for the offence punishable under Sections 324, 323, 294, 506, 34 of IPC. Copy of the FIR has been placed on record. It is submitted that applicant also received injuries in the incident. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Both the advocates are heard. Case diary perused.

Looking to the facts and circumstances of the case, but without commenting on 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 applicant furnishes 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.

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

application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.