ORDER

1. This is first anticipatory bail application under Section 438 of the Cr.P.C filed by the applicant who is apprehending his arrest in connection with Crime No.07/2024, registered at Police Station- Sironj, District Vidisha for the offence punishable under Sections 294, 323, 324, 326, 506 and 34 of the IPC.

2 . It is the submission of learned counsel for applicant that appellant is apprehending his arrest on the basis of registration of offence as referred above. As per the case of prosecution, on 02.01.2024, around 11:00 in the morning, complainant Monu took his cow for grazing. When he passed by the house of Karan Singh, Karan Singh and Bhagwan Singh abused him in filthy language. When he objected, Bhagwan Singh assaulted him with axe and Karan Singh also assaulted him with axe. Relative of Bhagwan Singh Golkheda also abused the complainant. Sonu (brother of complainant) intervened and rescued her. On such allegations, Police Station Sironj, District Vidisha registered FIR at Crime No.07/2024 for offence punishable under Sections 294, 323, 324, 326, 506 and 34 of the IPC. Injured was forwarded for medico-legal examination. Investigation is underway. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. The injury caused to the victim is not on the vital part of the body. No custodial interrogation is required in the matter. The applicant is permanent resident of District Vidisha. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. Confinement may bring him social disrepute and personal inconvenience. Applicant undertakes to cooperate in investigation/trial and would not be a source of embarrassment and harassment in any manner to the complainant side. He is ready to abide by all the terms and condition as imposed by this Court. Under these grounds, counsel prayed for anticipatory bail.

3 . Learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the application.

4. Heard the counsel for the parties and perused the documents appended thereto.

5. Considering the above submissions and facts situation of the case, without expressing any opinion on the merits of the case, this Court intends to allow the application, therefore, it is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of Arresting Authority/Investigating Officer.

6. 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 from disclosing such facts to the Court or to the Police Officer, as the case may be.

4. The applicant shall not commit an offence similar to the offence of which he is accused;

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

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

7 . The applicant would not involve in any criminal activity in future otherwise, benefit of bail shall immediately be withdrawn.

8. Application stands allowed and disposed of.

9 . Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules. (MILIND RAMESH PHADKE) V. JUDGE Avi