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Judgment
Vivek Rusia, J
This is first bail application filed under Section 439 of Cr.P.C. for grant of bail on behalf of the applicant who is in jail since 19.01.2021 in connection
with Crime No.266/2020 registered at Police Station- Chapiheda, District Rajgarh for offence punishable under Sections 294, 323, 325, 326, 336, 34 of
the IPC.
As per the prosecution story, complainant Shivpal Singh lodged a 'Dehati Nalishi' on 21-12-2017 that in the evening he was going to his house and
when he reached in front of the house of Suresh Sanghi, Suresh and Ranglal started abusing him because of the previous dispute in respect of the
land. Suresh assaulted him by means of 'lathi' and Ranglal assaulted him by means of 'Sariya' and he sustained injuries. He was medically examined
and eleven injuries were found.
Learned counsel for the applicant submits that the complainant in his statement u/s 161 of Cr.PC stated that his one tooth was broken due to the
injuries caused by the accused. Accordingly, Police added Section 326 IPC in the matter in order to make the case non bailable. The applicant is in jail
since 19-01-2021 and thereafter there is no progress in the trial. The conclusion of trial will take a long time. He has been impleaded on the basis of
previous enmity. There is no allegation of causing injury on jaw by rod in the FIR, but later on it has been added and rest of the injuries are simple in
nature. The co-accused Suresh was enlarged on bail on 30.07.2021 by this Court vide MCRC No.37263/21, therefore, learned counsel for the
applicant prays for grant of bail on the ground of parity.
On the other hand, learned Panel Lawyer opposes the bail application.
Considering the facts and circumstances of the case and the fact that the co-accused has already been enlarged on bail, without commenting on the
merit of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of
Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before that
Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from 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.