ORDER

This second application has been filed by the applicant under Section 483 of B.N.S.S. Act,2023 for grant of bail in connection with Crime No. 449/2024 registered at Police Station Khachrod, District Ujjain (M.P.) for an offence punishable under Sections 294, 323, 324, 506, 326, 34 of IPC. The applicant is in judicial custody since 24.7.2024. His first bail application was dismissed as withdrawn vide order dated 23.8.2024 passed in M.Cr.C. No. 35565 of 2024.

As per the case of prosecution, Nirmala Bai wife of Jagdish Patidar reported to P.S. Khachrod District Ujjain that there is a land dispute with her sister pending before the civil court. On 28.6.2024, around 1 in the afternoon, she, her husband-Jagdish and son Himanshu went to agricultural field for sowing Soyabean. Bharatlal, Rahul, Subhash, and Shantilal started abusing them in filthy language. Subhash and Shantilal assaulted her husband-Jagdish with wooden sticks. When she intervened, Bharatlal assaulted her with sword on her head and hand. She sustained injuries. Her son Himanshu was assaulted by Rahul with wooden stick. Badrilal driver rescued them. The accused threatened to kill them. On such allegation, P.S. Khachrod registered FIR at crime No. 449/2024 for offence punishable under Sections 294, 323, 324, 506, 34 of IPC. The injured were forwarded for medico-legal examination. In initial x-ray examination, no bony injury was found to any of the injured. Later, in CT scan, linear undisplaced fracture over right parietal bone of Nirmala Bai was revealed. Therefore, prosecution for offence punishable under Section 326 of IPC was added. Applicant Bharatlal was arrested on 24.7.2024. He is in custody ever since. Other accused were also arrested. On completion of the investigation, final report has been submitted.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, contends that the applicant is falsely implicated in the matter for the reason that he is son-in-law of Shantilal. His father-in- law Shantilal and wife are title holder and are in possession of agricultural land which is subject matter of civil dispute pending before the trial court. The complainant-party was trying to sow Soyabean on disputed land, therefore, an altercation ensued between the parties. Learned counsel referring to FIR at crime No. 448 of 2024 submits that the altercation aggravated into physical assault, wherein both the parties had sustained injury. No offence as alleged is committed by applicant. Learned counsel further submits that applicant is aged 28 years and is an agriculturist by profession. There is no likelihood of his absconsion leaving his family, home and agricultural field. No criminal antecedent is reported against the applicant. There is no likelihood of tampering with evidence by applicant as both the parties are close relatives. The trial would take time to conclude. Therefore, the applicant 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.

Learned counsel appearing for objector/complainant through video conferencing submits that accused party is threatening the complainant party for compromise and possession on the land, therefore, applicant may not be extended benefit of bail.

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 applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant- Bharat Lal shall be released on bail in connection with Crime No. 449/2024 registered at Police Station Khachrod District Ujjain (M.P.) for offence punishable under Sections 294, 323, 324, 506, 326, 34 of IPC, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of