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Judgment
Manindra Mohan Shrivastava, J.—Heard. The applicant has moved this application u/s 439 of the Cr.P.C. for grant of regular bail in connection with Crime No. 632/2012 registered at Police Station-Bhilai-3, Distt.-Durg for the offence punishable u/s 294, 506, 323, 324, 326/34 of Indian Penal Code. The applicant has been arrested on 19-10-2012.
Case of the prosecution is that the applicant and other accused assaulted the victim and in the incident of
mother of the applicant, by her teeth, cut the lower lip of Ku. Priya.
Learned counsel for the applicant submits that allegation leveled on applicant are exaggerated. He submits that other party was aggressor. It is also submitted that allegation of causing injury is on mother of the applicant and there is no allegation of applicant having used any weapon. According to him there was a free fight between neighbors on certain incident therefore for the act of his mother applicant could not be held guilty. Further, applicant is in jail since 19.10.2012 and charge-sheet has also been filed. Therefore he may be granted bail.
On the other hand, learned counsel for the State submits that applicant was also involved in the incident and he also assaulted the victim. Therefore, for commission of offence under 326 of Indian Penal Code, he is also liable.
Taking into consideration the circumstances in which dispute arose between the parties who are neighbor and that allegation of cutting lips of Ku. Priya is on Heerondi Bai (mother of the applicant) and further taking into consideration that the applicant is in jail since 19.10.2012 and charge-sheet has been filed and that applicant is not likely to abscond, application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 10,000/- with one local surety of the like amount to the satisfaction of the concerned trial Court. He shall appear before the Court below on each and every date given to him by the said Court till disposal of the trial.