The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.

JUDGMENT

Deepak Kumar Agarwal, J. - This is fifth bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. Earlier four applications were dismissed as withdrawn.

2. Applicant has been arrested on 14.02.2022 by police Station, Vijaypur, Distt. Sheopur, in connection with crime No.26/2022 for the offence punishable under Sections 147, 148, 149, 323, 294, 506, 336, 302 of IPC.

3. Prosecution case in brief is that on 13.2.2022 at 3.15 pm complainant Surendra Yadav lodged a Dehati Nalishi with police Sub-Inspector J.P.Parashar at CHC, Vijaypur, against present applicant Keshav Yadav and 17 others alleging that in the afternoon at 12.30 pm he was at door of his house, at that juncture, co-accused Deepu along with aforesaid co-accused armed with Farsa, axe, Lathi and gun came there and started abusing him. Thereafter accused Roopsingh fired in the air and applicant/accused Keshav assaulted with axe on the head of his brother Bharat. Thereafter applicant/accused Keshav also inflicted two more blows of axe to Bharat. When to save Bharat, Leeladhar, Urmila, Sunita, Maya and Mitt came, then Kallu @ Kalyan Yadav assaulted with Farsa on the head of Leeladhar, Nirmal assaulted with Lathi on the leg and back of Leeladhar, Kheru @ Raghuveer Yadav assaulted with Farsa on the head of mother Mitti, Uttam and Koksingh assaulted with axe on the head of mother Mitti, Phoolsingh assaulted with blunt side of Farsa on the face of Urmila and Atar Singh with blunt side of axe and accused Deepu with Lathi assaulted on leg and back. Prahlad Yadav, Dhaniram Yadav, Ramdayal Yadav assaulted with Lathi and axe on waist, leg and back of Sunita. Keshav, Bhanu Yadav, Lokman Yadav assaulted with Farsa and Lathi on Maya, due to which she received various injuries on her person. Rinku and Udaybhan assaulted with axe at right hand and waist of complainant. They brought mother Mitti to Vijaypur hospital, from where she was referred to Gwalior and on the way to Gwalior she died. On his report, Dehati Nalishi for the offence punishable under Sections 147, 148, 149, 323, 294, 506, 336, 302 of IPC was recorded. Thereafter FIR crime No.26/2022 and Merg No.32/2022 was recorded. Dead-body Panchnama was prepared. Dead-body was sent for postmortem. Injured were medically examined. As per postmortem report, Mitti died due to head injury. Injured Urmila got fracture in left fibula bone. Applicant was arrested on 6.5.2022. After investigation, charge-sheet has been filed.

4. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since14.02.2022. Investigation has been complete and charge-sheet has been filed. It is further submitted that deceased Mitti died due to assault of Raghuveer, Uttam and Koksingh. On the same day, one FIR bearing crime No.28/2022 was lodged by accused persons against injured persons for the offence punishable under Sections 147, 148, 149, 323, 324, 294, 506, 336 of IPC in which later on, offences under Sections 325 and 326 of IPC were enhanced. Co-accused Deepu @ Ramvilas has been granted bail vide order dated 22.02.2023 passed in M.Cr.C. No.8766/2023. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

5. Learned counsel for the State as well as complainant opposed the application and prayed for its rejection.

6. Both the Advocates are heard. Case diary perused.

7. Looking to the facts & circumstances of the case, without commenting upon 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 cash surety of Rs.25,000/- alongwith 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.

8. He will present during trial before the trial Court on each and ever