The court granted bail based on the nature of the injury being simple and the applicant's prolonged custody, emphasizing the lesser role in the alleged offences.

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.399/2023 dated 29.09.2023 registered at Police Station Aishbag, District Bhopal for the offences punishable under Sections 307, 294, 506/34 of the IPC and Section 25 of the Arms Act .

2. The counsel for the applicant submits that the allegations which have been levelled against the applicant reflect that the simple injury has been caused by the present applicant which is evident from the MLC. It is contended by the counsel that co-accused Aman Tiwari and Durgesh Tiwari have already been released on bail by this Court vide orders dated 25.01.2024 and 23.02.2024 passed in M.Cr.C.No.1277/2024 and M.Cr.C.No.5878/2024 respectively. It is further contended that the applicant is in custody since 12.01.2024 and trial would take considerable time to conclude, therefore, the applicant be released on bail.

3. Per contra, counsel for the State has opposed the application and submitted that the present applicant played main role in commission of the aforesaid offences, thus taking into consideration the role of the present applicant, the application filed by the present applicant deserves to be dismissed. However, counsel does not dispute that as per the documents available in the case diary, the injury was ultimately found to be simple in nature.

4. Heard the submissions advanced on behalf of the parties and perused the case diary.

5. A perusal of case diary it is evident that the injury on the injured has been found to be simple in nature and not on the vital part of the body. The applicant is in custody since 12.01.2024. Co-accused Aman Tiwari and Durgesh Tiwari have already been released on bail by this Court vide orders dated 25.01.2024 and 23.02.2024 passed in M.Cr.C.No.1277/2024 and M.Cr.C.No.5878/2024 respectively.

6. Taking into consideration, the totality of the circumstances of the case and the fact that the injury on the injured has been found to be simple in nature and the applicant is in custody since 12.01.2024, this Court deems it to be a fit case to release the applicant on bail. Therefore, without commenting on the merit of the case, the application is allowed.

7. It is directed that applicant Abhishek Sen shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during the pendency of trial.

8. It is further directed that the applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C .