ORDER

This is the first application filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.356/2023 registered at Police Station Nalkheda, District Agar Malwa (M.P.) for the offence under Sections 307, 323, 324, 294, 506 and 34 of the Indian Penal Code, 1860. The applicants are in custody since 11/12/2023.

2. As per prosecution story, on 01/10/2023 at about 09:30 am, complainant along with his father Sitaram Gurjar and mother Sitabai Gurjar and Gyan Singh went to their farm situated at Navada Chapra to harvest their Soyabean crop. At that time, present applicants along other co-accused persons came there and started questioning the complainant as to why they are harvesting soyabean crop from their field illegally. Then Radheshyam attacked upon the head of Gyan Singh by giving a blow of farsi on his head. Mokam Singh also gave a blow of axe and other co-accused Karan and Mansingh attacked upon shoulder by means of laathi. Devendra gave a blow o ax on the head of Gyan Singh. By hearing hue and cry, Akhilesh, Nirmal and Mansingh came there. Thereafter, complainant lodged an FIR at Police Station Nalkheda. Accordingly, offence has been registered.

3. Learned counsel for the applicants submits that the applicants are innocent persons and they have been falsely implicated in this offence. They are in custody since 11/12/2023. Investigation is over and charge sheet has been filed. Civil Suit is pending between both the parties in respect of land in question and temporary injunction has been granted in favour of the applicants.

Complainant party was the encroacher. Injuries sustained by the victim are not fatal to life. Cross-case has also been registered against the opponent party. Applicants are permanent resident of Agar Malwa district and final conclusion of the trial is likely to 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 counsel for the respondent / State opposes the bail application and prays for its rejection.

5. Learned counsel for the objector also opposes the prayer and prays for its rejection by submitting that all the injuries sustained by Gyan Singh are fatal in nature. Gyan Singh was admitted in Hospital for a period of about 10-12 days and has lost his memory. His brain is badly affected. Applicants and their family members are still threatening and pressurizing them for compromise.

Hence, applicant are not entitled to be released on bail.

6. Perused the impugned order of the trial Court as well as the case diary.

7. After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that temporary injunction has been granted in favour of the applicants by the concerned civil Court; all the victim persons sustained injuries by hard and blunt object and they have not sustained any injury by sharp cutting object; investigation is over and charge sheet has been filed, therefore, no further custodial interrogation of the applicants is required; applicants have suffered jail incarceration for more than three months and final conclusion of the trial will take sufficient long time. In these circumstances, I deem it proper to release the applicants on bail. Therefore, without commenting on the merits of the case, the application is allowed.

8. It is directed that applicants be released on bail on their furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent sureties in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required.

They shall abide by all the conditions enumerated under Section 437(3) Cr.P.C. Certified copy as per rules.

(ANIL VERMA) JUDGE Tej Signature Not V