IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL ON THE 2^nd OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 36500 of 2022 Between:-

ANTIM S/O SHRI MUNNALAL, AGED ABOUT 22 YEARS, OCCUPATION: LABOUR R/O PANDHANA THANA PANDHANA DISTRICT KHANDWA (M.P.)

(MADHYA PRADESH)

.....PETITIONER (BY SHRI ANURAG SAHU, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION PANDHANA DISTRICT KHANDWA (M.P.) (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI K.S. PATEL, PANEL LAWYER )

MISC. CRIMINAL CASE No. 35943 of 2022 Between:-

1. PRAVEEN S/O SHRI RAMESHCHAND, AGED ABOUT 40 YEARS, OCCUPATION: LABOURER R/O PANDHANA, THANA PANDHAN, DISTRICT KHANDWA (M.P.) (MADHYA PRADESH)

2. ANKIT S/O SHRI MUNNALAL @ MANNULAL, AGED ABOUT 22 YEARS, OCCUPATION: LABOURER PANDHANA THANA PANDHAN DISTRICT KHANDWA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI ANURAG SAHU, ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION PANDHANA DISTRICT KHANDWA (M.P.) (MADHYA PRADESH)

Signature Not Verified .....RESPONDENTS (BY SHRI K.S. PATEL, PANEL LAWYER )

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

ORDER

These first bail applications are filed on behalf of the applicants - Antim (M.Cr.C. No. 36500/2022), Praveen and Ankit (M.Cr.C. No. 39629/2022)

under Section 439 of the Code of Criminal Procedure.

The applicant Antim is in custody since 03.07.2022 and applicants Praveen and Ankit are in custody since 20.06.2022 in connection with Crime No. 356/2020, registered at P.S.- Pandhana, District - Khandwa (M.P.) for the offence punishable under Sections 294, 323, 506, 307 read with Section 34 of IPC.

A s per prosecution story, on 19.06.2022 at about 08:30 p.m. Nitin informed the Police that at around 08:00 p.m. he was purchasing grocery items from Harizan Mohalla in the meantime, Antim came there and asked as to what he was telling, at this he told that he did not spoke anything, at this Antim started to abuse him. In the mean time, Ankit, Ravindra and Pravin reached there and they also started to abuse, when his maternal uncle's son Aman and Aashish came to pacify the matter, they all abused them and beat them by fists in the meantime Antim and Ankit took out knife and gave knife blow on the person of Aman and Ashish. Aman sustained injury in the back and Ashish sustained injury on his right side of chest and thigh. While they were leaving the place of occurrence they threatened Ashish of dire consequences. F.I.R. was registered. After investigation charge-sheet has been filed.

Learned counsel for the applicants has submitted that present applicants Signature Not Verified have not committed any offence. They are innocent. They have falsely been implicated because they do not had good relation with the complainant. It is further submitted that injuries alleged to have been sustained by injured are simple in nature, therefore, no offence under Section 307 of IPC is made out. Trial of the case will take considerable time, therefore, it has been prayed that applicants be released on bail.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail to the applicants.

On a perusal of the opinion given by the doctor, it is revealed that injuries sustained by Ashish and Aman are simple in nature. A counter case has also been registered agaisnt the complainant/injured persons. Applicant Antim and other have also sustained injuries in the incident. Therefore, having taken into consideration all the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre trial detention of the applicants is not warranted. Consequently, these first bail applications under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants stands allowed.

It is directed that applicants - Antim, Praveen and Ankit be released on bail on their furnishing a personal bond in the sum of Rs.50