Babulal Ahirwar vs State Of M.P

Deepak Kumar Agarwal, J

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

The applicant was arrested on 27.12.2021 in connection with Crime No.222/2021 by Police Station Gulabganj, District Vidisha (MP) for the offence

punishable under Sections 294, 323, 324, 34, 506, 325, 326 of IPC.

As per prosecution story, on 25.10.2021 at 7.30 pm complainant Brijesh lodged a report at Government Hospital, Gulabganj, against present applicant

and three others alleging that by driving in his tractor-trolley on his plot, applicant Babulal broke his Bagad (boundary). When the complainant objected,

he started abusing him with filthy language. Thereafter from the trolley he took out an axe and assaulted on his head, due to which blood came out. To

save the complainant, Bheem Raghuwanshi and Anil Raghuwanshi came, then Chokidar Veeran carrying Farsa, Kannu Ahirwar sickle and elder

brother of Veeran Chokidar armed with Lathi came there and started beating them. Veeran assaulted with Farsa on the head of Anil, Kannu

assaulted with sickle on left hand of Anil and elder brother of Veeran inflicted Danda blow on the head of Bheem. At that juncture, Chhotu Maharaj

and Vishnu Raghuwanshi came and rescued them. On his report, Dehati Nalishi was recorded. Thereafter vide crime No.222/2021 offence under

Sections 294, 323, 324, 506, 34 of IPC was registered. Injured Brajesh, Anil and Bheem were sent for medical examination. Bheem sustained grievous

injury as one depressed fracture was found on skull bone. Hence, offence under Sections 325, 326 of IPC was enhanced. Applicant/accused was

arrested on 27.12.2021. After investigation, charge-sheet has been filed.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. He is in custody

since 27.12.2021. A cross-case has been registered against the complainant party under Sections 323, 294, 506, 34 of IPC and allegation of causing

injury to injured Bheem is not against the applicant. Investigation has been complete and charge sheet has been filed. Conclusion of trial will take time.

On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, without commenting upon 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 the 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.

Certified copy as per rules.