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Judgment
9 paragraphs · 386 wordsG.S.Ahluwalia, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 15/12/2020 in connection with Crime No.158/2020 registered by Police Station Sevdha, District Datia for offence punishable under Sections 294, 323, 324, 506, 34, 307 of IPC.
It is submitted by the counsel for the applicant that although the allegation against the applicant is that he had assaulted on the head of Sanju by means of an Axe but both the parties have sustained multiple incised wounds. It appears to be a case of free fight. The applicant is in jail from 15/12/2020. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. Further this Court by orders dated 27/01/2020, 12/02/2021, 23/03/2021 and 09/03/2021 passed in M.Cr.C.No.2444/2021, M.Cr.C.No.8315/2021, M.Cr.C.No. 13923/ 2021 and M.Cr.C.No. 9968/2021 has granted bail to the co-accused Aatmaram Kushwah, Mahendra Kushwah, Jugat Kushwah and Gangadeen Kushwah.
Per contra, the application is opposed by the counsel for the respondent/State as well as the counsel for the complainant. It is submitted by the counsel for the State that so far as the co-accused persons who have been granted bail are concerned, they have not caused any grievous injury to the injured whereas the applicant had caused an incised wound on the parietal region of Sanju. However, it is fairly conceded by the counsel for the State that in cross-case, the co-accused party had also sustained various incised wounds. It is further submitted by the counsel for the State that the applicant has a criminal history and one more criminal cases have been registered against him.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rule.