IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH ON THE 2^nd OF JUNE, 2022 MISC. CRIMINAL CASE No. 26452 of 2022 Between:-

RAMSINGH S/O UMRAOSINGH , AGED ABOUT 48 YEARS, OCCUPATION: AGRICULTURIST GRAM MENDAKI TEHSIL MAHIDPUR (MADHYA PRADESH)

.....APPLICANT (BY SHRI ASHISH GUPTA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION MAHIDPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI ADITYA GARG - GOVT. ADVOCATE)

This application coming on for orders this day, the court passed the following:

ORDER

This is first application filed under section 438 of the Cr.P.C. for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.25/2022 registered at Police Station, Mahidpur, District Ujjain for commission of offences punishable under Sections 323, 294, 506/34, 324, 147, 148, 149, 325, 326 of IPC.

Prosecution story, in brief, is that on 20.1.2022 at about 10.15 AM when complainant and his grand-father Ramchandra were standing in front of their Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI house, and co-accused persons Vikram Singh, Kirpal Singh and the present applicant Ram Singh armed with deadly weapon sword and wooden sticks came and started abusing complainant and his grandfather Ramchandra and when complainant objected and complainant's father Ganpat and his uncle Radheshyam tried to intervene, co-accused Vikram Singh assaulted Ganpat with sword on his head, shoulder and hands. Co-accused Kirpal Singh assaulted Ramchandra and Radheshyam with wooden sticks on their heads and other parts of body. He also assaulted complainant Manish with stick on his head and other parts of the body. Complainant's mother Rukhmabai, Aunty Anandabai and uncle Ramu @ Ramlal when came there to intervene, co-accused Shankar Singh and Kushalsingh assaulted about three persons namely; Rukhmabai, Anandabai and Ramu @ Ramlal with wooden sticks and all of them threatened complainant party.

Learned counsel for the applicant submits that on the date of incident the complainant party themselves started dispute and were aggressive. Complainant Manoj alongwith his father Ganpat, uncle Radheshyam and Ramu @ Ramlal abused and assaulted applicant Ram Singh, co-accused Kushal Singh, his brothers Vikram Singh, Kirpal Singh with deadly weapon sword, Lathis and caused grievous injuries to them about which FIR at Crime No.24/2022 for the offences punishable under Section 294, 323, 307, 506 of IPC has been registered at the same Police Station, Mahidpur, District Ujjain against the complainant party. He further submits that as per prosecution case itself co- accused persons Kushalsingh and Shankar Singh reached the spot and assaulted complainant's mother Rukhmabai, aunty Anandabai, uncle Ramu @ Ramlal and caused injuries to them, but during medical examination no injury was found on their bodies. Applicant cannot be held liable for the injuries Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.06.03 caused by other co-accused persons as he reached the spot afterwards. His custodial interrogation is not required. He himself sustained injuries caused by hard and sharp object. He is ready and willing to co-operate the investigation and furnish appropriate surety, according to the order of this Court. On these grounds the prayer is made to enlarge the applicant on anticipatory bail.

Learned counsel for the applicant further submits that co-accused Kushalsingh has already been enlarged on bail vide order dated 12.05.2022 passed by this Court in MCRC No.22546/2022. Applicant is on better footing that of aforesaid co-accused, therefore, on the ground of parity, the present applicant is also entitled for grant of anticipatory bail.

Learned counsel for the respondent/State as well as learned counsel for the objector/complainant have opposed the application and submit that applicant was very well present on the spot when