1 M.Cr.C. No.8910/2011 Date: 22.11.2011 Shri Manoj Saxena, learned counsel for the applicant. Shri R.S. Parmar, learned Panel Lawyer for the respondent/ State. Arguments on the first bail application under section 439 of Cr.P.C of the applicant Gorilal heard. The applicant is involved in Crime no.210/2011 of Police Station Kalapipal, District-Shajapur registered under section 302, 307/34 of the IPC. According to the prosecution story, on 17.8.2011 deceased Sansar alias Dhan Singh was sitting on his field, at that time son- in-law of Gorilal came there and asked him Kaka what are you doing, then he replied that I am not your uncle. On this point Gorilal and his son-in-law Govind assaulted Sansar alias Dhan Singh with the intention to kill him. Gorilal assaulted by axe on his head and Govind assaulted on his hand by Lathi, due to which Sansar alias Dhan Singh sustained several injuries and became unconscious. On the cries of complainant Ramkali Bai and his newphew Sunil, the accused persons fled away from the spot, thereafter the injured was rushed to hospital. He was referred to Hamdia Hospital, Bhopal, where he died on the very next day on 18.8.2011. Hence, the above offences were registered and the applicant has been arrested. 2 It has been argued by the applicant's counsel that he has been falsely implicated. The applicant was alleged to have assaulted by axe and axe was seized from him but there was no injury to the deceased caused by axe. According to medical history, at the time of medical examination it was reported that five persons assaulted the deceased but the report is against only two persons. The co-accused Govind has already released on bail. Trial will take time. Hence, she 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/- (Twenty Five Thousand) 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) JUDGE Trilok/-