ORDER

Case diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application under Section 439 Cr.P.C for grant of bail.

Applicant has been arrested on 01.11.2022 by Police Station Bagchini District Morena (M.P.) in connection with Crime No. 177/2022 registered for offence under Sections 324, 323, 294, 326, 34 of IPC.

The case of the prosecution in nutshell is that on 25.06.2022 a fight took place between the complainant and the accused persons over a trivial issue of fetching water from a bore. Both the complainant as well as the accused parties assaulted each other and cross-cases were registered vide Crime No. 177/2022 and 178/2022 and injuries were caused to complainant as well as accused parties. Initially the offence was registered under Sections 244, 323, 294, 34 of IPC. However, later on as there was a fracture found on little finger of the injured/complainant that, Section 326 of IPC was enhanced.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated on the false pretext in the present case. It is further argued that it was a free fight and there was no intention to cause injury. The applicant has no criminal antecedent and he has been in custody since 01.11.2022. The applicant is a permanent resident of District Morena, therefore, there is no possibility of his absconsion or tampering with evidence. Hence, on these grounds counsel for the applicant prays for bail on behalf of the applicant.

Per contra, learned counsel for the respondent/State has opposed the bail application. Hence, no case for grant of bail is made out.

After going through the contents of the case diary and looking to the nature of the injures and the period of custody, the present application is allowed.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court tor to the Police Officer, as the case may be;

4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

5. The applicant will not seek unnecessary adjournments during the trial;

and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the trial Court concerned for information and compliance.

Certified copy as per rules.

(MILIND RAMESH PHADKE)

V. JUDGE Vishal