The court has the discretion to grant bail based on the facts and circumstances of the case, even for serious offenses, upon imposing suitable conditions to ensure the presence of the accused during trial.

JUDGMENT

Deepak Kumar Agarwal, J. - This is the fifth application u/S.439 Cr.P.C filed by the applicant for grant of bail. Earlier first and second bail applications were dismissed as withdrawn by the Coordinate Bench. His third bail application was dismissed on merits by the Coordinate Bench. His Fourth bail application was dismissed on merits by this Court.

2. The applicant was arrested on 08.12.2019 by Police Station- Dehat Bhind District- Bhind (M.P.) in connection with Crime No.667/2019 for the offence punishable under Sections 327, 147, 148, 149, 323, 506, 195A, 294, 302 of IPC.

3. Prosecution story, in short, is that on 09.11.2019 at 11 am complainant Shri Bhagwan lodged a Dehati Nalishi with Police Sub-Inspector Pankaj Mudgal of Police Station Dehat District Bhind levelling allegations against accused Sunder Singh Sharma, Shivdautt Sharma, Dabbu alias Rahul Sharma, present applicant Chhinga alias Neeraj Sharma, Parua alias Awdesh Sharma that he is residing at Ater Road Bhind. He is having previous enmity with co-accused Awdesh Sharma for which a case is pending before the Court. Awdesh and his family members used to pressurize him to enter into a compromise with them. In the morning at 10 am, he alongwith his wife was going to bring vegetables. When they reached infront of house of one Kallu Samadhiya, accused- Awdesh Sharma having Lathi in his hand, Shivdutt Sharma and Sunder Singh Sharma having iron rod in their hands, Rahul alias Dabbu having Lathi in his hand, present applicant Chhinga Sharma having Lathi in his hand with common intention started abusing him with filthy languages. When he objected, accused Awdesh Sharma told him to settle the matter pending in court by compromise. When complainant denied to compromise, Sunder Sharma demanded Rs.10,000/- to pass through the locality. When complainant denied, all the accused with common intention started assaulting the complainant with Lathi and iron rod, due to which he sustained injuries on several parts of the body. O n listening his hue and cry, his wife Ritu, Poonam Sharma and Kallu Samadhiya came and saved him. On his report, Dehati Nalishi was recorded against present applicant and four others. On the basis of Dehati Nalishi, FIR was registered bearing crime No. 667/19 for the offence punishable under Section 327, 294, 323, 506, 147, 148, 149, 195A of IPC against the accused persons. During treatment on 16.11.2019 complainant Shri Bhagwan succumbed to injuries. Offence punishable under Section 302 of IPC was enhanced. Dead body panchnama was prepared. Dead body was sent for postmortem. As per postmortem report, deceased died due to multiple injuries. Death of the deceased was homicidal. Statements were recorded. Applicant and other co-accused were arrested.

4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. It is further submitted that applicant and other co-accused had no intention to kill the complainant which is very much clear from the MLC report in which two abrasions, seven contusions and one lacerated wound were found on the body of deceased. Injuries were found on legs, hands and thigh of the deceased and not on the vital part of the body. Besides this, deceased died after nine days during treatment. Doctor had advised the complainant for operation but the complainant denied to undergo the operation. After investigation, charge sheet has been submitted. It is further submitted that co-accused Awdhesh Sharma, Rahul Sharma and Shivdutt Sharma have been released on bail by this Court and the case of present applicant is similar to that of co-accused. The applicant is in custody since 08.12.2019 and he is the permanent resident of District- Bhind (M.P.). There is no likelihood of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bai