IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA th ON THE 7 OF NOVEMBER, 2024 MISC. CRIMINAL CASE No. 45582 of 2024 KALUSINGH Versus THE STATE OF MADHYA PRADESH Appearance:

Ms. Sharmila Sharma - Advocate for the applicant.

Shri Hemant Sharma- G.A. for the State.

Shri Pankaj Goswami- Advocate for the Objector.

ORDER Heard with the aid of case diary.

This is repeat second bail application under Section 439 of the Code of Criminal Procedure, 1973 (now section 483 of B.N.SS, 2023) for grant of bail to the applicant in connection with Crime No. 280/2021 registered at P.S.- Kanad, District- Agar (Malwa) for commission of offence punishable under section 302, 307, 323, 324, 147, 148, 149, 325 and 506 of the IPC and sections 25 and 27 of the Arms Act.

2. First bail application of the applicant was dismissed as withdrawn vide order dated 18.07.2022 in M.Cr.C. No.26757/2022.

3. Prosecution story in brief is that, on 16.09.2021 a procession was going on, at that time applicant Kalu Singh and other co-accused persons carrying with sword, lathi, farsi and katta came there at the spot. Co-accused Signature Not Verified Signed by: AJIT Chain Singh gave sword blow on the head of deceased Umrao Singh and co- accused Ishwar Singh fired on the stomach of deceased by means of katta. As per allegations, present applicant also assaulted Babulal, Kamal Singh, Lakhan Singh and Bharat Singh by means of their weapons. At the time of the incident, present applicant was present at the spot carrying with sword. Due to injuries Umrao Singh died. Injured Lakhan Singh and Bharat Singh sustained grievous injuries which was fatal to life. Kamal Singh and Babulal sustained simple injuries.

4. Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case. It is submitted that as alleged present applicant assaulted only Bharat Singh by means of sword. He has not assaulted deceased Umrao Singh. It is also submitted that at the time of incident complainant party assaulted the accused party and a cross FIR bearing crime No.281/2021 offence punishable under section 307 of the IPC has been lodged against them. Complainant party assaulted accused party namely Chain Singh and Mohan Singh by means of sword and lathis. It is also submitted that applicant is in custody since 28.09.2021. He has completed incarceration of more than 3 years. Till date only 7 prosecution witnesses out of 30 prosecution witnesses have been examined before the trial court. Conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.

5. On the other hand, learned counsel for the non-applicant/State as well as counsel for the Objector have opposed the prayer of the applicant and Signature Not Verified Signed by: AJIT submits that the incident had taken place due to pre-plan of the accused persons therefore, applicant is not entitled for grant of bail. However, learned counsel for the State fairly submitted that present applicant has not given blow to the deceased Umrao Singh.

6. Having considered the submissions advanced from counsel for the parties, also considering the fact that cross FIR was lodged by the accused party against the complainant party therefore, considering the custody period of the applicant, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.

7. It is directed that the applicant- KALUSINGH be released on bail upon his/her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Cr.P.C.