JUDGMENT Rajeev Kumar Dubey, J. - Heard through Video Conferencing. 2. Heard with the aid of case diary. 3. This is first bail application filed by the applicant under Section 439 of Cr.P.C. 4. Applicant Ankit Jadiya was arrested on 01/09/2020 in Crime No.594/2020 registered at Police Station Kotwali, District Panna (M.P.) for the offence punishable under Sections 323, 324, 294, 506/34, 307, 325 of the IPC. 5. As per prosecution case, on 20/7/2020 at 08:30 pm due to old dispute co-accused Dhirendra Tiwari @ Golu, Suresh Tiwari, Raja Tiwari and Jitendra Tiwari armed with sticks came to complainant Satyam Tiwari's house located at village katra and abused his father Shambhu Prasad Tiwari, when he objected co-accused Dhirendra Tiwari assaulted him by stick, due to which he sustained injury in his head. When complainant's mother Sadhna Tiwari and elder brother Shivam Tiwari came to rescue him, co-accused Suresh Tiwari assaulted Sadhna Tiwari by stick on her head, due to which she sustained grievous injury on her head and fell down. Co-accused Raja Tiwari also assaulted Shivam Tiwari by stick, due to which he sustained injuries on his head and leg. When complainant Satyam Tiwari came to rescue them, co-accused Jitendra Tiwari also assaulted him by kicks and fists. At that point of time, applicant Ankit Jadiya and co-accused Gourav Sahu & Pawan Mishra also came there and they assaulted complainant Satyam Tiwari and his family members i.e Shambhu Prasad Tiwari (father), Sadhna Tiwari (mother) & Shivam Tiwari (elder brother) by kicks and fists. In the incident, Sadhna Tiwari sustained grievous injury. 6. Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. Even otherwise it is alleged that in the incident only Sadhna Tiwari sustained grievous injury while from the F.I.R. it is clear that said injury was caused by co-accused Suresh Tiwari and at the time of incident when co-accused Suresh Tiwari assaulted Sadhna Tiwari by stick, applicant Ankit Jadiya was not on the spot, he came thereafter. So, no offence under Section 307/34 of the IPC is made out against the applicant. The applicant has been in custody since 1/9/2020 and the conclusion of trial will take time, hence prayed for release of the applicant on bail. 7.
So, no offence under Section 307/34 of the IPC is made out against the applicant. The applicant has been in custody since 1/9/2020 and the conclusion of trial will take time, hence prayed for release of the applicant on bail. 7. Learned counsel for the State as well as objector opposed the prayer and submitted that applicant Ankit Jadiya also took part in the incident and in that incident Sadhna Tiwari sustained grievous injury which is dangerous to life, so he should not be released on bail. 8. Looking to the facts and circumstances of the case, contention of learned lawyer for the applicant and the fact that according to F.I.R. after first incident applicant Ankit Jadiya came on the spot while in the first incident Sadhna Tiwari sustained grievous injury in her head, applicant is in custody since 1/9/2020 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. 9. This order will remain operative subject to compliance of the following conditions by the applicant : 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the trial; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer; 4. The applicant shall not commit an offence similar to the offence of which he is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without prior permission of the trial Court. Certified copy as per rules.