(1.) THIS is an application filed on behalf of the applicant under section 439 of the Code of Criminal Procedure for grant of bail. Accused applicant Gabbar s/o Gaffar is in custody since 17.5.2000 in connection with crime No. 123/2000 registered at Police Station, Harijan Kalyan, Ujjain for the alleged charges under sections 147, 148, 149 and 302 , IPC read with sections 3(1) (10) and 3(2)(5) of SC and ST (Prevention of Atrocities) Act. As per prosecution story one Bahadursingh lodged the FIR on 12.5.2000 that in the field of Dhansingh all the accused persons namely Babusingh, Prabhu, uncle of Babusingh and other persons were killing deceased Ramesh. Babusingh was having sword in his hand.
(2.) THE submission of Shri Parihar is that deceased Ramesh was having a criminal background and so many criminal cases were registered against him. The name of this applicant is not appearing in the FIR. He was also not identified and no identification parrade was arranged though the challan has already been filed.
(3.) THE submission of the learned counsel for the applicant is that there are no injuries by stones. The lacerated wound received from stones is not responsible for causing death. The further submission of Shri Parihar is that the applicant is a young boy of 16 years and if he is permitted to remain in jail, his career would be ruined in the company of hardened criminals.