SHIVCHARAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard through video conferencing. This is first bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in jail since 2.7.2020 in connection with Crime No.352/2020 registered at P.S., Rajgarh, District Rajgarh, for offence punishable under Section 307, 294, 323 506, 34 of IPC and under Section 25, 27 of Arms Act.

(2.) As per prosecution story, applicant and complainant are neighbours in village Rojya Khurd. Over a dispute to remove the stones lying, parties entered in heated exchanges followed by sudden fight. Co-accused Daryao Singh and Shyam are alleged to have caused injuries by sword. Shivcharan - present applicant and Kamal are alleged to have caused injuries by sticks. Accordingly, the case has been registered. Investigation is complete and challan has been filed.

(3.) Learned counsel for the applicant submits that as a matter of fact there is a cross case filed by the applicant against complainant at the same Police Station vide Crime No.353/2020. However, accused therein/present complainant has been enlarged on bail. In this case investigation is complete, no more custodial investigation is required. Applicant has suffered Jail incarceration since 2.7.2020. The applicant has no criminal antecedents. There was an unintentional heated exchanges between the applicant and complainant party, which laid to unfortunate incidence. Due to Covid-19 the possibility of delay in conclusion of trial cannot be ruled out. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.