ORDER

This third bail application of applicant Manohar and second bail application of applicant Brajmohan under Section 439 of the Code of Criminal Procedure have been filed for grant of regular bail relating to FIR No.392/2023 dated 28.10.2023 registered at Police Station Saikheda, District Narsinghpur (M.P.) for the offence punishable under Sections 341, 294, 324, 307, 506, 34 of IPC and Section 25/27 of Arms Act. Applicants are in detention since 31.10.2023.

First and second bail application of applicant Manohar were dismissed as withdrawn and not pressed vide orders dated 16.01.2024 and 23.04.2024 passed in M.Cr.C.Nos.161/2024 and 11230/2024. However, in M.Cr.C.No.161/2024 liberty was granted to renew the prayer for bail after recording evidence of injured before the trial court. First bail application of applicant Brajmohan was dismissed as withdrawn and not pressed vide order dated 23.04.2024 passed in M.Cr.C.No.15295 of 2024.

2. As per the prosecution story, on 28.10.2023 at around 01:20 p.m. Inder Gujar lodged F.I.R. stating that today at around 11:00 a.m. he along with his uncle and father-in-law Balwan Gujar riding on motorcycle was going to Jhikoli to have a bath in Narmada river from his village Dhigsara. When he reached in front of Ajanda school, Brajmohan of Dhigsara intercepted their way by parking tractor trolly. When he asked him why he has parked tractor trolly on the middle of the way he abused him and by making call on mobile phone, called his brothers Manohar Gujar and Jainarayan Gujar, who armed with battle axe and lathi, came and assaulted them. Brajmohan with an intention to kill him fired shot from country made revolver causing injuries on left thigh. F.I.R. was registered. After investigation, charge sheet has been filed.

3. Learned senior counsel for the applicants has submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated. It is submitted that injured Inder Singh Gujar has already been examined before the trial court and has not named present applicants as perpetrators of the crime. Therefore, it is prayed that the applicants may be released on bail.

4. On the other hand, learned counsel for the State has opposed grant of bail.

5. In this case, injured Inder Gujar has already been examined before the trial Court but he has not named present applicants as author of the c r i me . Therefore, having taken into consideration all the facts and circumstances including detention period of the applicants, but without expressing any opinion on merits of the case, I am inclined to release the applicants on bail. Consequently, these bail applications under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed.

6. It is directed that applicants - Manohar and Brajmohan be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective. Certified copy as per rules. (DINESH KUMAR PALIWAL) JUDGE b