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Judgment
Vivek Rusia, J
This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.78/2021 registered at police station Tanda, district
Dhar for the offence punishable under sections 294, 323, 324, 326, 506 & 34 of the IPC.
As per prosecution case, on 12.03.2021 complainant Saidubai w/o Billu lodged a report that in the day time she was in the house alongwith her
husband Billu. When Santubai was throwing stone to the cattle her husband objected to it on account of which a dispute arose between them. In the
evening the applicant along with Santubai came to her house and started abusing them with filthy language. During that heated conversation applicant
caused injury to Billu alias Bilam by way of arrow. He started bleeding then they dialed 100 number and he was taken to the hospital. The police has
registered case against the applicant and Santubai. As per the doctor's opinion the injury caused was serious in nature. Accordingly offence under
Sections 326 of the IPC has been added.
Learned counsel for the applicant submits that initially the case was registered for the offences punishable under sections 294, 323, 324, 506 & 34 of
the IPC, however, later on on the basis of the query report the offence under section 326 IPC was also added. The applicant is not a hard criminal and
the dispute arose all of a sudden when the cattle entered into their agricultural field. The applicant had no intention to hurt the injured. The investigation
is complete and charge sheet has been filed. The conclusion of trial will likely to take long time. He is in custody since 03.04.2021, hence prays for
release of the applicant on bail during trial.
Learned Panel Advocate opposes the bail application. Considering the facts and circumstances of the case and the arguments advanced by learned
counsel for the parties, without commenting on the merits of the case, the application is allowed. The applicant is directed to be released on bail on his
furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety of the like amount to the satisfaction of the trial
Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial
and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-
19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.