1 M.Cr.C.No.8144/11 25/11/2011 Shri R.K. Sharma, Advocate for the applicant. Shri Anil Kumar Shrivastava, Panel Lawyer for the respondent/State. Heard on I.A.No.12562/2011, which is an application for urgent hearing of the case. In view of the averments stated in the application, it is hereby allowed. Learned counsel for the applicant prays that the case may be heard finally as the case diary is available. The prayer is not opposed by learned Panel Lawyer. With the consent of the learned counsel for the parties, the matter is heard finally. This is the first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of the applicant- Ramvaran Singh. He has been arrested in Crime No.686/2011 registered at Police Station Kotwali, District Morena for the offence punishable under Sections 294, 323, 307 & 34 of IPC, on 27.10.2011. The prosecution case, in brief, is that on 26.10.2011 at about 10:30 PM on the occasion of Deepawali festival complainant-Jayendra Singh along with his family members were cracking the crackers. 2 M.Cr.C.No.8144/11 They were objected by the applicant, not to crack crackers in front of his house, therefore an altercation took place between them. On this, applicant brought sword from his house in association of his son beaten the complainant-Jayendra Singh, Jitendra & Brajendra. Learned counsel for the applicant contended that the applicant is innocent. He has been falsely implicated in the case. He belongs to reputed family and is in service as Chief Municipal Officer, Narwar, District Shivpuri. His elder son is Doctor and doing M.D., in Agra while his younger son is also doing M.B.B.S. course. It is further alleged that when the applicant made an objection to not crack the crackers, the complainant- Jayendra and his associates Jitendra, Vijendra & Abhishek came and caused marpeet with him and his family members as a result of which the applicant and his son have sustained injuries, therefore, on the complaint made by the applicant, a cross-case at Crime No.685/2011 was registered against Jitendra, Jayendra, Vijendra & Abhishek for the offence punishable under Sections 294, 323, 452, 506-B read with Section 34 of IPC. The complainant party was aggressor. The applicant is not required for further investigation. On these grounds, learned counsel prays for grant of bail. 3 M.Cr.C.No.8144/11 Learned Panel Lawyer has opposed the application and prays for its rejection. Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, but without expressing any opinion on the merit of the case, I am of the view that the application deserves to be allowed. Consequently, the application under Section 439 of the Cr.P.C., is hereby allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court, on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., A copy of the order be send to the Court concerned for necessary compliance. Certified copy as per rules. (Brij Kishore Dube) Judge (ra)