Page no. 1 M.Cr.C. no. 8528/2011 08/11/2011 Shri Manoj Saxena, Advocate for the applicant. Smt. Mamta Shandilya, P.L. for the respondent – State. Arguments on the first bail application under section 439 of Cr.P.C of the applicant Ishwar heard. The applicant is involved in Crime no. 60/2011 of Police Station- Barodiya District- Shajapur registered under sections 302, 326, 307, 324, 323, 294, 506/34 of the IPC. According to the prosecution story, in the night of 17/05/2011, complainant Hindusingh was sitting behind the Bada of his house, at that time, Kailash, Radheshyam, Bheru and Meharban armed with lathies and axes came there and after abusing and threatening to kill, Radheshyam assaulted Hindusingh by axe, which caused injury on the left side of the head. On his cries, Mangilal, Ishwar and Ramdayal came to save him. Then Kailash by wooden rod and Radheshyam by axe assaulted him, due to which, Mangilal sustained injury in the right side of the head and Iswar sustained injury on the right side of parietal region and Ramdayal sustained injury in the right hand and elbow. Thereafter, Ramesh, Iswar S/o Banshilal and Iswar S/o Dewdi assaulted by wooden rod. The incident was witnesses by Gaurilal and Bhawna. Due to old enmity, the accused persons assaulted him. They also threatened to kill. Iswarsingh succumbed to the injures. Hence on report the above offence was registered and the applicant has been arrested. Page no. 2 It has been argued by the applicant's counsel that he is alleged to have present on the spot and assaulted by wooden rod. Trial will take time. Hence, he should be released on bail. The respondent has opposed the bail application. Considering the circumstances and after perusal of the case diary, this bail application is allowed and it is ordered that the applicant be released on bail subject to his furnishing a personal bond of Rs.25,000/- alongwith one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court on all dates as may be fixed in this behalf. C c as per rules ( I. S. Shrivastava, J. ) amol