ORDER :

This is a repeat (third) application filed under section 439 of Criminal Procedure Code on behalf of applicant, who is in jail since 24-4-2023 in connection with Crime No. 153/2023, registered at Police Station Kotwali District Raisen for the offence punishable under sections 307, 294, 323, 324, 506, 34 and 302 of the Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that as per prosecution story applicant was armed with lathi. 12 injuries is said to have been caused to the victim and except one injury all other injuries are incised wound. One injury is a lacerated wound skin deep and that injury could not have been caused by a lathi. Applicant has been falsely implicated in the case as there was previous enmity and complainant has been convicted in another case. In these circumstances, applicant may be enlarged on bail.

3. Learned counsel appearing for the State has opposed the bail application and submitted applicant along with other co-accused persons participated in the offence. He was also armed with a lathi. Lacerated wound could have caused by the applicant or other co-accused persons. At present there is eye witness account that applicant was