DAYARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The first bail application was dismissed as withdrawn on 15.7.2020 vide M.Cr.C. No.22189/2020. The applicant is in custody since 19.6.2020 in connection with Crime Case No.168/2020 registered at Police Station, Makdon, District Ujjain for the offence punishable under Section 323, 324, 325, 326, 294, 506/34 of IPC.

(2.) As per the prosecution story, the applicant and complainant party are members of the same family of village Samnera, Tehsil Makdon, District Ujjain. Over an issue of throwing garbage in nearby field both sides indulged in verbal altercations followed by hurling of filthy abuses by the applicant and other co-accused to the members of the complainant party. The applicant is said to be Kaka Sasur of the complainant and alleged to have caused injury on the head of Leelabai causing fracture, but by blunt object. The incident occurred on 17.2.2020. Accordingly, the case has been registered against the applicant.

(3.) Learned counsel for the applicant submits that applicant is aged 61 years. He is innocent and has been falsely implicated. Over trivial issue complainant party entered into heated altercations. The applicant is not required for further custodial interrogation. The applicant is in custody since 19.6.2020. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.