JUDGMENT Subodh Abhyankar, J. - They are heard. 2. Perused the case diary / challan papers. 3. This FIRST application under Section 439 of Criminal Procedure Code, 1973 (herein after referred to as the Code) has been filed on behalf of the applicant for grant of bail, as he has been arrested in connection with Crime No.1870/2022 registered at Police Station Lasudiya, Indore District Indore (MP) for offence punishable under Sections 307, 323, 324, 294 and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). 4. The applicant is in custody since 23.12.2022. 5. The allegation against the applicant is that of causing injury to complainant Akshar @ Akshat Goswami S/o Manoj Goswami on his head. 6. Counsel for the applicant has submitted that initially a case under Section 324 of IPC was registered against the applicant and the applicant was given a notice under Section 41-A of the Code. However, subsequently, after the charge sheet has been filed, offence under Section 307 of IPC has also been added. 7. It is further submitted that the charge sheet has already been filed and the applicant is lodged in jail since 23.12.2022. 8. Counsel has also submitted that there are different version of the incident and the applicant has been falsely implicated in the case, that he has also suffered injury on his head (the documents regarding which have also been placed on record). 9. Thus, it is submitted that the application be allowed. 10. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that various injuries have been suffered by the complainant and he was hospitalized for a period of around nine days. Thus, no case for grant of bail is made out, as the complainant has already suffered an injury on his face, which was caused by other accused Lalit. 11. Having considered the rival submissions and on perusal of the case diary as also taking note of the seriousness of the injury suffered by the complainant, this Court is not inclined to allow the present bail application, at this stage itself, as there is no reason for this Court to presume that the complainant who was hospitalized for a period of around nine days would make a false allegation against the applicant and would save the real culprit. 12.
12. In view of the same, Miscellaneous Criminal Case No.5204/2023 being devoid of merits is hereby dismissed.