- (1.)This is first bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in jail since 18.5.2020 in connection with Crime No.76/2020 registered at P.S., Balwada, District Khargone, for offence punishable under Section 307, 341, 294, 323, 506, 34 of IPC.
(2.)As per prosecution story, the applicant has adjacent agricultural land to that of complainant. A dispute arose over the dividing line between the parties following heated exchanges. The applicant is alleged to have caused injuries on the wrist of complainant Balram with axe. Besides, other co-accused Jagdish has caused Lathi injury on the body of Ghisaram and Balram. Shankar has caused head injury to Ghisaram with back side of axe and Ramkishan has caused Lathi injury to Prahlad. Accordingly, the case has been registered.
(3.)Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. Investigation is complete and the challan has been filed. No further custodial investigation is required. There is a cross case registered at Crime No.18/2020 by the applicant against the complainant party namely Prahlad, Vijay and Ganesh. They have been enlarged on bail by the trial Court. Learned counsel further submits that in the instant case main accused is Ramkishan, who has hit Prahlad on his head with Lathi and Jagdish has hit by the back side of axe. The alleged injury caused by the applicant is simple in nature. The complainant has been discharged from the hospital on the next day. Applicant does not have criminal antecedents. The co-accused Ramkishan has been granted bail by this Court on 11.8.2020 in M.Cr.C.No.21034/2020. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.