JUDGMENT

Anil Verma, J. - Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 552/2022 registered at P.S - Nalkheda, District- Agar Malwa (M.P.) for commission of offence punishable under Sections 307, 326, 341, 323, 294, 506/34 of IPC.

2. As per prosecution story, n date 12,12.2022, complainant Gokul Singh along with his relative Nirbhaysingh had reported at the P.S. Nalkheda, that there is an old dispute over a piece of land between complainant, his brother Modsingh and their uncle Ramsingh's son, Prabhulal Gurjar, Kamalisngh Gurjar, Bahadur Singh Gurjar and Makahnsingh Gurjar and because of this land dispute, there lies severe enmity between both the families. On date 11.12.2022, around 7.30pm, while the complainant was inside his house, he heard loud noises, thus, when he came outside, he saw his brother Modsingh, along with Prabhulal's nephew Yogesh and brother Bahadursingh, .who in an abusive .manner, informed the complainant that the accused persons have brutally assaulted Modsingh who will suffer dire consequences in future and left Modsingh at the complainant's rescue. Modsingh informed complainant that all the accused persons had stopped him and brutally assaulted him by axe and lathis, because of which he had sustained severe injuries and many of his bones of hand and legs are broken. Accordingly, the aforementioned offence was registered and they were arrested.

3. Learned counsel for the applicants contended that applicants are innocent and have been falsely implicated in this offence. They are not the main accused, who has inflicted injuries to the victim by using axe. Only wooden stick has been recovered from the possession of the present applicants. Civil suit has been decided in favour of the applicants and their family members regarding the land dispute. There is no legal evidence available on record to connect the applicants with the aforementioned offence. Applicants are in custody since 12/12/2022. Investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicants is required.. They are permanent resident of District- Agar Malwa. There is no apprehension of their fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4. Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection, but fairly admits that no criminal antecedent has been found against the applicants.

5. Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

6. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that as per the FIR, main accused are Prabhulal and Bahaddur, who gave blow of axe over the person of the victim Modsingh; only wooden stick has been recovered from the possession of the applicants; victim has been discharged from the hospital; investigation is over therefore, no further custodial interrogation of the applicants is required; they have no criminal antecedents and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicants on bail.

7. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on their furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required.

8. They shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C.,

9. It is made clear that if t