BHAGWANDAS Vs. NEW INDIA ASSURANCE

JUDGEMENT

(1.) This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is in custody since 30.06.2020 in connection with Crime No.413/2020 registered at P.S.-Pathariya, Distt.-Damoh, (M.P.) for the offence punishable under Section 307 , 323 , 294 , 34 of IPC.

(2.) As per prosecution story, on 17.05.2020, at 10 o'clock in the morning, complainant alongwith his cousin Sanjay Kurmi was returning from his field. At that time, petitioner and other co-accused met with the complainant and his cousin at one Sudama Khare's field near peepal tree. Petitioner was armed with axe and other co-accused were armed with stick. They have started abusing to the complainant party on account of dispute of land. Petitioner- accused inflicted injury to complainant's brother Sanjay by means of axe on his neck due to which he fell down on the earth. Co-accused Balram and Tekchand assaulted Sanjay by means of lathi on his head due to which he sustained injury on his head and also on his both hands. At that time, Sanjay's uncles Aanandi, Dindayal, cousin-Devendra came to the spot to save Sanjay then co-accused Balram again inflicted injury to Aanandi by means of lathi due to which he sustained injury on his right wrist. Co-accused Rodhe Patel inflicted injury to Deendayal on his head by lathi, Co-accused Rohit & Hargovind inflictd injury to Devendra. Thereafter, Hariram Kurmi, Giran Kurmi, Narayan Kurmi, Narayan Kurmi & Bhure Kurmi intervened the matter. Complainant party and petitioner party went to hospital for treatment. Complaint was lodged and the aforesaid offence has been registered against the present petitioner-accused and other co-accused

(3.) Learned counsel for the petitioner-accused has submitted that petitioner-accused has been falsely implicated in this case. He further submitted that complainant party is aggressor. Petitioner-accused is also injured in this incident. He received grievous injury on his head. A counter case vide crime No. 414/2020 has also been registered against the complainant party by the petitioner-accused. Petitioner-accused is in jail since 30.06.2020. Charge-sheet has been filed. No case is made out under Section 307 of IPC . Doctor opined about the injury of Sanjay that if medical treatment would not be provided to him at that time, then it could be dangerous to his life. Co-accused have already been granted bail by the learned trial court. There is no previous criminal antecedent of petitioner. The proceeding is withheld due to outbreak of pandemic "COVID-19" and hence trial will take time for final disposal. There is no chance of petitioner's absconding and tampering with the evidence. The petitioner is ready to furnish bail, as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the petitioner prays for grant of bail to the petitioner. 3. Per-contra, learned Panel Lawyer opposes the bail application.