IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL ON THE 4^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 52029 of 2022 BETWEEN:-

MUKESH BALMIK S/O SHRI RAJENDRA BALMIK, AGED ABOUT 30 YEARS, OCCUPATION: NAGAR NIGAM EMPLOYEE (TEMPERARY) HARIJAN BASTI NADRIYA KI MATA KAMPOO LASHKAR (MADHYA PRADESH)

.....PETITIONER (SHRI SHIV PRATAP SINGH KUSHWAH, LEARNED COUNSEL FOR PETITIONER)

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE THANA MADHOGANJ (MADHYA PRADESH)

.....RESPONDENTS ( SHRI KULDEEP SINGH, LEARNED PUBLIC PROSECUTOR FOR STATE)

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

ORDER

This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 18.10.2022 by Police Station Madhoganj Distt. Gwalior in connection with crime No.415/2022 for the offence punishable under Sections 294, 323, 307, 34 of IPC.

In brief case of the prosecution is that on 25.08.2022 at 10:05 pm complainant Ravi Balmik lodged a Dehati Nalish at Trauma Center JAH Gwalior with Assistant Sub-Inspector Hari Singh of Police Station Madhoganj District Gwalior against co-accused Jugnu Balmik and Milan and present applicant Mukesh that at 8:15 pm to construct his house, bricks had been placed. His brother was putting bricks in the house. At that time, co-accused Jugnu and Milan told his elder brother why you had put the bricks here because due to placing of bricks, the way has been obstructed and started abusing his brother with filthy language and slapped him. At that time complainant who was just coming from duty, objected them and asked them why are you beating his brother. Due to which with intention to kill him, accused Milan assaulted with knife on his stomach. Co-accused Jugnu with a pointed object assaulted on his right leg due to which blood started oozing out. Present applicant Mukesh did marpeet with fist and blows. Incident was seen by his Bhabhi Babita and brother-in-law Sobran alias Ballu and Seetaram. On his Dehati Nalish, offence punishable under Section 323, 294, 307, 34 of IPC was recorded. Thereafter on the basis of Dehati Nalish, Crime No.415/2022 at Police Station Madhoganj under aforesaid offences was registered. During MLC, one incised wound on abdomen measuring 4 x 1 cm was found on the body of injured. Applicant-

accused was arrested on 18.10.2022.

Learned counsel for the applicant submits that incident took place all of a sudden. Cause of incident was that injured Ravi had palced bricks in the way due to which because accused persons suffered problem to go through the passage, in between present applicant did marpeet with complainant. Applicant- accused is in custody since 18.10.2022. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State vehemently opposed the bail application on the ground that accused persons are involved in the commission of offence. In these situation, prayer is made for dismissal of the application.

Both the Advocates are heard. Case diary perused.

Looking to the facts and circumstances of the case and the fact that accused Milan has assaulted on the chest and stomach of injured Ravi due to which blood started oozing out and allegation against present applicant that he did marpeet with complainant and incident took place all of a sudden, without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL)

JUDGE o