ORDER 1. Agruments heard. 2. Perused the case-diary. 3. Applicant/accused (Shankar Singh alias Shivshankar) is in custody from 1.6.2010 in crime No. 82/10 registered at Police Station Matabasaiya District Morena for commission of offences punishable under sections 147, 148, 149, 294,323,325, 326, 506 and 302 of IPC. 4. According to case-diary on a dispute of the land there was a fight between the complainant and accused persons who are members of one family. Both the parties have sustained the same injuries. A cross-case has been registered against the complainant and his companion at Clime No. 83/10 for commission of offences punishable under section 147, 148, 149,323,326 and 506 of IPC in which the accused persons are on bail. 5. Learned counsel for the applicant submitted that the incident has occurred on the field of accused Raja Singh which is clear from the spot map of both the cross-case. Further it is alleged that the deceased has sustained incised wound on his head caused by co-accused Avtar Singh, therefore, the responsibility of causing death of Raja Singh cannot be that of the applicant. 6. Learned counsel for the applicant has placed reliance on the judgment passed in the case of Sirnamsingh v. State of M.P. 1988 (1) MPWN 82 in which it has been held that for an offence punishable under sections 302 and 325 of IPC, if the case is registered against the complainant party and they have suffered unexplained grievous injuries, the accused persons are entitled for bail. Learned counsel for the applicant has fm1her placed reliance on the judgment passed in the matter of Bashishth Singh and another v. State of Bihar, 2004 SC (Cri) 11276 in which it has been held that if the cross-case is registered against the complainant then the accused persons are entitled for benefit of bail even if final report has been sent in counter case. 7. Learned P.P. for the respondent/State submitted that the applicant has inflicted Lathi blow on the head of the deceased Avtar Singh and he has died due to head injury, therefore, looking to the allegation of the applicant he cannot be given the benefit of bail on the ground that in cross-case the accused persons are on bail. 8. Looking to the above circumstances, but without expressing any opinion on the merits of the case, the application is allowed. 8. Looking to the above circumstances, but without expressing any opinion on the merits of the case, the application is allowed. It is directed that the applicant be released on bail in above mentioned crime on his furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance during pendency of the trial of the case concerned. He shall abide by the conditions as mentioned under section 437 (3) of Cr. PC. Certified copy as per rules.