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Judgment
Vivek Rusia, J
This is 2nd application filed under section 439 Cr.P.C seeking bail in connection with crime no.431/2021 registered at police station Deendayal
Nagar, Ratlam for the offence punishable u/s 307, 323, 294, 506/34 IPC.
As per prosecution case, complainant Mohit s/o Ashok Padiyar lodged an FIR on 12.7.2021 that on the said date he was sitting near Krishna
Mandir, Deendayal nagar Ratlam along with his friend Pradeep and the accused persons were sitting nearby and consuming liquor. All of a sudden
accused Bhim (present applicant) started shouting and abusing him in respect of giving evidence against Raju Boriwal and Aman started assaulting
them by fist and legs. Bhim brought a base ball bat and Golu has started wielding a sword under the intoxication condition. Pradeep was assaulted by a
base ball bat. He fell down and started bleeding. He was taken to the hospital and thereafter the FIR was lodged.
Learned counsel for the applicant submits that the only allegation against the applicant is that he had assaulted P.W.-1 by means of baseball bat.
Now P.W.-1 has been examined and according to him he fell down during the scuffle with the applicant and sustained head injuries. Under these
circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Govt. Advocate for the respondent/State opposes the bail application.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, 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.30,000/- (Rupees Thirty 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.
Certified copy as per rules.