The court granted bail on the basis that the applicants are not likely to abscond or tamper with evidence, emphasizing the importance of family ties and professional responsibilities.

This first application has been filed by applicants under Section 483 of BNSS 2023 for grant of bail in connection with Crime No.363/2024 registered at Police Station - Bajna, District Ratlam(M.P.) for offence punishable under Sections 296, 115(3), 118(1), 191(2), 191(3), 190, 351(3), 118(2) of BNS, 2023 . Applicants are in judicial custody since 02.10.2024.

As per the case of prosecution, Ramesh admitted at District Hospital reported to ASI Bhanwarsingh Bhuriya that on 23.07.2024 around 12.00 in the afternoon, he alongwith his family members were working in their agricultural field. Bapu Katara, Rupchand Katara, Pappu Katara, Jahu Katara, Ramesh Katara and Ranglal Katara came to his agricultural field.

They were armed with axe, iron rod and wooden stick. The accused started claiming ownership of the agricultural field. The accused abused them in filthy language. When they objected to abuses, all the accused assaulted him 1 MCRC-45407-2024 NEUTRAL CITATION NO. 2024:MPHC-IND:31509 and his family members in furtherance of common intention.

Ranglal(applicant no.1) assaulted Kavita on her right leg. Jahu(applicant no.2) assaulted Kavita with lathi on her back. Kantilal and Tejsingh rescued them. Accused threatened to kill them. They were taken to CHC Bajna. After preliminary treatment, they were referred to District Hospital, Ratlam. On such allegation, PS Bajna, District Ratlam(M.P.) registered FIR at Crime No.363/2024 for offence punishable under Sections 296, 115(3), 118(1), 191(2), 191(3), 190, 351(3), 118(2) of BNS, 2023 against the applicants.

Injured were referred for medico-legal examination. Their medical papers were seized. On X-ray examination, fracture on index and middle finger of right hand of Laxman and displaced fracture on parietal region of Gajendra was revealed, therefore, prosecution under Sections 117 and 118(2) of the BNS was added. The statement of witnesses were recorded. Applicant No.1 Ranglal was arrested on 02.10.2024. One iron rod was seized at his instance.

Applicant No.2 Jahu was also arrested on 02.10.2024 and one wooden stick was seized at his instance. They are in custody ever since. The other accused were also arrested. On completion of investigation, final report was submitted.

Learned Counsel for the applicants, in addition to the grounds mentioned in the application, submits that the applicants are falsely implicated in this matter for the reason that they are relatives of the main accused. It is a case of false over implication, wherein all the family members have been implicated. The matter relates to land dispute. Minor altercation between the parties over possession of the disputed land 2 MCRC-45407-2024 NEUTRAL CITATION NO. 2024:MPHC-IND:31509 aggravated into physical scuffle wherein both the parties had sustained injuries. Learned counsel submits that applicant No.1 Ranglal is aged around 38 years and applicant No.2 Jahu is aged around 34 years. They are agriculturists by profession and sole bread earner of their respective families.

There is no likelihood of absconsion leaving their family, home and profession. No further custodial interrogation of the applicants are needed in the matter. There is no likelihood of tampering with evidence by the applicants. The trial would take time to conclude. Therefore, applicants may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of the alleged offence.

Heard learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on the merits of the case, this Court is inclined to release the applicants on bail. Thus, the application is allowed.

Accordingly, the application is allowed and it is directed that applicants Ranglal Katara and Jahu Katara shall be released on bail in connection with Crime No.363/2024 registered at Police Station - Bajna, District Ratlam(M.P.)